Quiroga v. Medical Service Doctor et al
Filing
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ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS IN FULL That Action Proceed Solely on Plaintiff's Deliberate Indifference Claim Against Defendant Dr. Hasta and That All Other Claims and Defendants be DISMISSED re 24 signed by Chief Judge Lawrence J. O'Neill on 11/30/2016. Defendant Dr. Hasta added. RN, LVN and Medical Service Doctor terminated. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:15-cv-01871-LJO-JLT (PC)
MONICO J. QUIROGA, III,
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Plaintiff,
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v.
MEDICAL SERVICE DOCTOR, et
al.,
Defendants.
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL THAT ACTION
PROCEED SOLELY ON PLAINTIFF'S
DELIBERATE INDIFFERENCE CLAIM
AGAINST DEFENDANT DR. HASTA AND THAT
ALL OTHER CLAIMS AND DEFENDANTS BE
DISMISSED
(Docs. 20, 23, 24)
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Plaintiff, Monico J. Quiroga, III, is a state prisoner proceeding pro se and in forma
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pauperis in this civil action pursuant to 42 U.S.C. § 1983. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.
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On November 10, 2016, the Magistrate Judge filed a Findings and Recommendations that
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this action should proceed on Plaintiff’s first cause of action in the Second Amended Complaint
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against Defendant Dr. Hasta for deliberate indifference to Plaintiff’s serious medical needs in
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violation of the Eighth Amendment. (Doc. 23.) This was served on Plaintiff that same day and
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contained notice that any objections were to be filed within thirty days. (Id.) Plaintiff did not file
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any objections; rather he filed a declaration that he agreed to only proceed on his Eighth
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Amendment claim against Dr. Hasta.
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//
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In accordance with the provisions of 28 U.S.C. ' 636(b)(1)(C), this Court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, the Court finds the
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Findings and Recommendations to be supported by the record and by proper analysis.
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Accordingly, it is HEREBY ORDERED that:
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1.
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November 29, 2016 (Doc. 24), is granted;
2.
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Plaintiff’s motion to proceed on the Findings and Recommendation, filed
the Findings and Recommendations, filed November 10, 2016 (Doc. 23), is
adopted in full;
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this action shall proceed on Plaintiff=s Second Amended Complaint, filed on May
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23, 2016 (Doc. 20), against Defendant Dr. Hasta for deliberate indifference to
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Plaintiff’s serious medical needs in violation of the Eight Amendment;
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4.
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all other Defendants and claims are dismissed for Plaintiff's failure to state a claim
upon which relief may be granted;
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the Clerk's Office shall terminate Defendants “Medical Service Doctor,” “LVN,”
and “RN” and shall add “Dr. Hasta” as a Defendant on the docket of this action;
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6.
this action shall hereafter be captioned “Monico J. Quiroga, III v. Dr. Hasta;” and
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7.
the action is referred back to the Magistrate Judge for further proceedings.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
November 30, 2016
UNITED STATES CHIEF DISTRICT JUDGE
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