Allen v. Kramer et al

Filing 74

ORDER ADOPTING 71 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING IN PART AND DENYING IN PART 34 Defendants Norm Kramer, Pam Ahlin and Stephen Mayberg's Motion for Summary Judgment; ORDER GRANTING 32 & 33 Defendants Fresno County and Fresno Board of Supervisor's Motion for Summary Judgment; and ORDER DENYING 65 Plaintiff's Motion for Leave to Amend signed by District Judge Dale A. Drozd on 3/25/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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No. 1:15-cv-01609-DAD-JDP (PC)

DAVID ALLEN,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
NORM KRAMER, et al.,

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(Doc. No. 71)

Defendants.

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Plaintiff David Allen is a civil detainee proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983.
On February 26, 2019, the assigned magistrate judge issued findings and

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recommendations recommending that defendants’ motions to stay be denied, plaintiff’s motions

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for summary judgment be denied, defendants’ motions for summary judgment be granted in part,

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and plaintiff’s motion for leave to amend be denied. (Doc. No. 71.) Those findings and

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recommendations were served on the parties and contained notice that any objections thereto

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were to be filed within 14 days of service. (Id. at 30.) Although plaintiff sought an extension of

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time to object to the findings and recommendations, the magistrate judge found the request to be

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without merit and denied it on March 15, 2019. (Doc. Nos. 72, 73.) To date, no objections have

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been filed and the time period for doing so has expired.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly:

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1. The findings and recommendations issued by the magistrate judge on February 26,

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2019 (Doc. No. 71) are adopted in full;

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2. Defendants’ motions to stay (Doc. Nos. 51, 52) are denied;

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3. Plaintiff’s motions for summary judgment (Doc. Nos. 44, 45, 46, 59, 62) are

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denied;

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4. The motion for summary judgment filed on behalf of defendants Norm Kramer,

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Pam Ahlin, and Stephen Mayberg (“State defendants”) (Doc. No. 34) is granted in

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part and denied in part;

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a. Summary judgment is granted in favor of the State defendants as to
plaintiff’s claims for damages;

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b. Summary judgment is granted in favor of the State defendants as to

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plaintiff’s claims against defendants Ahlin and Kramer for placing him at

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Coalinga State Hospital;
c. The State defendants’ motion for summary judgment is denied in all other

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respects;

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5. The motions for summary judgment (Doc. Nos. 32, 33) filed on behalf of

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defendants Fresno County and Fresno Board of Supervisors’ are granted;
6. Plaintiff’s motion for leave to amend complaint (Doc. No. 65) is denied without

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prejudice;
7. This action now proceeds on plaintiff’s claims against defendant Mayberg for

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approving the construction of Coalinga State Hospital in a hyperendemic area for

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Valley Fever, and against defendant Allenby for failure to implement measures at

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Coalinga State Hospital to mitigate the risks associated with Valley Fever;

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8. All defendants except defendants Mayberg and Allenby are hereby dismissed from

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this action; and

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9. This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
Dated:

March 25, 2019
UNITED STATES DISTRICT JUDGE

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