Sifuentes v. Ola, et al.

Filing 83

ORDER ADOPTING Findings and Recommendations in full and GRANTING Defendant's Motion for Summary Judgment 54 , 80 signed by District Judge Ana de Alba on 9/29/2022. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL G. SIFUENTES,

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Plaintiff,

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v.

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DR. OLA, et al.,

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No. 1:16-cv-00241-ADA-GSA (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL AND
GRANTING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
(ECF Nos. 54, 80.)

Defendants.

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Plaintiff Miguel G. Sifuentes (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 18, 2022, the findings and recommendations were entered, recommending that

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Defendant Dr. Akinwumi Ola’s (“Defendant”) motion for summary judgment, filed on May 28,

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2021, be granted. (ECF No. 80.) On August 10, 2022, Plaintiff filed objections. (ECF No. 81.)

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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,

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including Plaintiff’s objections, the Court finds the findings and recommendations to be supported

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by the record and proper analysis.

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In his objections, Plaintiff does not object to the Magistrate Judge’s finding that Plaintiff

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had a “serious medical need” and Defendant had knowledge of Plaintiff’s serious medical need.1

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(ECF No. 81 at 6.) Plaintiff objects to the Magistrate Judge’s finding that Defendant was not

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“deliberately indifferent” towards Plaintiff’s serious medical need. (ECF No. 81 at 4.) The Court

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agrees with the Magistrate Judge that there are no genuine disputes about any material facts, so the

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Court finds that there is not enough evidence for Plaintiff to win at trial. See Anderson v. Liberty

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Lobby, Inc., 477 U.S. 242, 249-50 (1986). The Court further agrees with the Magistrate Judge’s

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findings that the Plaintiff had a serious medical condition; Defendant had notice of Plaintiff’s

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serious medical condition; and Defendant did not act deliberately indifferent towards Plaintiff.

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Plaintiff argues that the Magistrate Judge applied the incorrect standards with respect to

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motions for summary judgment and the specific claim at issue. (See ECF No. 81 at 5.) Plaintiff

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argues that the Magistrate Judge “cited standards which cannot apply here,” referring to Franklin

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v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981). (ECF No. 81 at 11.) Throughout his objections,

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Plaintiff argues that the Magistrate Judge “did not question” multiple pieces of evidence and asserts

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that “there is a disconnect and major contradiction” in the Magistrate Judge’s own findings. (ECF

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No. 81 at 9.) The Court disagrees.

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The Court holds that the Magistrate Judge applied the correct standard: “A difference of

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opinion between a prisoner-patient and prison medical authorities regarding treatment does not give

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rise to a § 1983 claim.” Franklin, 662 F.2d at 1344. “To show deliberate indifference, the plaintiff

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must show that the course of treatment the doctors chose was medically unacceptable under the

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circumstances and that the defendants chose this course in conscious disregard of an excessive risk

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to plaintiff’s health.” Porretti v. Dzurenda, 11 F.4th 1039, 1047 (9th Cir. 2021). The Court agrees

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that “[e]ven viewing the evidence in the light most favorable to Plaintiff, Plaintiff has not proven

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that Dr. Ola treated him with deliberate indifference in violation of the Eighth Amendment.” (ECF

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Plaintiff argues that the Magistrate Judge erroneously found Plaintiff’s serious medical need as “not material.”
(ECF No. 81 at 2-3.) However, the Magistrate Judge found the facts surrounding Plaintiff’s serious medical need as
material. (See ECF No. 80 at 20.) The Magistrate Judge states, “[t]here is no dispute between the parties that Plaintiff
had a serious medical need.” (Id.) Plaintiff further argues that the “[M]agistrate omits and ignores, again, the most
relevant piece of evidence . . . that defendant Ola’s own notes and ‘treatment plan’ clearly reveal that he was [] aware
of . . . Plaintiff’s injuries . . . .” (ECF No. 81 at 8.) However, the findings and recommendations cite to Defendant’s
note and found Defendant was aware of Plaintiff’s serious medical need. (ECF No. 80 at 22.)

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No. 80 at 21); see Matsushita Elec. Idus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

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Plaintiff argues that the Magistrate Judge refused to consider Plaintiff’s evidence because

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Plaintiff lacked medical expertise. (ECF No. 81 at 2.) Plaintiff further takes issue specifically with

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the Magistrate Judge’s “Deliberate Indifference to Risk of Harm” section, arguing that the

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Magistrate Judge engaged in credibility determinations of the evidence. (See ECF Nos. 80 at 21-

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According to the Federal Rules of Evidence 701, “if a witness is not testifying as an expert,

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testimony in the form of an opinion is limited to one that is rationally based on the witness’s

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perception . . . .” Fed. R. Evid. 701(a). Even if a question of credibility does arise, this alone

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cannot, or may not, preclude a summary judgment finding if the totality of the evidence leaves no

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genuine question of material fact. See Outlaw v. Newkirk, 259 F.3d 833, 841 (7th Cir. 2001). The

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Magistrate Judge still considered Plaintiff’s evidence even though Plaintiff lacked the specialized

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knowledge to provide an expert opinion. (See ECF No. 80 at 23-24.) For example, the Magistrate

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Judge cited to Plaintiff’s deposition where Plaintiff stated that he disagreed with Defendant’s choice

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of treatment but did not have evidence that Defendant chose Plaintiff’s treatment plan in conscious

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disregard of an excessive risk to Plaintiff’s health. (Id.); see Porretti, 11 F.4th at 1047. As noted

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in the findings and recommendations, “Plaintiff’s opinion that [Defendant] should have given him

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a different treatment is only a difference of opinion with his medical caregiver, which does not rise

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to the level of an Eighth Amendment violation.” (Id.) Therefore, there is no genuine dispute of

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material fact with respect to the legal conclusion that Defendant did not act deliberately indifference

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towards Plaintiff.

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Lastly, Plaintiff misrepresents that this Court has previously declined to adopt the

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Magistrate Judge’s findings that there is no genuine dispute with respect to the material facts of this

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case. (ECF No. 81 at 3.) In fact, this Court has not previously declined such findings by the

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Magistrate Judge. (See ECF Nos. 25, 38, 74.) As the Court previously held, “[a]s this case proceeds

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through discovery, it may be established that plaintiff being treated by receiving stitches and

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Tylenol was medically acceptable, or that such minimal treatment merely amounted to medical

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malpractice or a difference of medical opinion, neither of which provides an adequate basis for a §
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1983 medical care claim.” (ECF No. 25 at 5.) The deadline for the completion of discovery, March

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29, 2021, has passed, and Defendant filed a motion for summary judgment, (ECF No. 54). Based

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on the discovery materials, the Court finds that Defendant’s choice of treatment for Plaintiff does

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not provide an adequate basis for a § 1983 medical care claim.

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Accordingly,

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(ECF No. 80), are ADOPTED IN FULL;
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The findings and recommendations issued by the Magistrate Judge on July 18, 2022,

Defendant’s motion for summary judgment, filed on May 28, 2021, (ECF No. 54),
is GRANTED;

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The clerk is directed to enter judgment in favor of Defendant and close this case.

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IT IS SO ORDERED.
Dated:

September 29, 2022
UNITED STATES DISTRICT JUDGE

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