Mixon, Jr. v. Tyson et al
Filing
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ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants; action shall proceed against Defendants Jiminez and Metts on Plaintiff's claim for deliberate indifference to his serious medical needs in vio lation of the Eighth Amendment; Plaintiffs requests for injunctive and declaratory relief are denied;all other claims and defendants are dismissed from this action; referred back to the magistrate judge, signed by District Judge Dale A. Drozd on 03/9/18. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LENDWARD ALTON MIXON, JR.,
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No. 1:16-cv-01868-DAD-BAM
Plaintiff,
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v.
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H. TYSON, et al.,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
Defendants.
(Doc. No. 16)
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Plaintiff Lendward Alton Mixon, Jr. (“plaintiff”) is a state prisoner proceeding pro se and
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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was
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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
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302.
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On December 22, 2017, the assigned magistrate judge issued findings and
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recommendations recommending that this action proceed against defendants Jiminez and Metts
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for deliberate indifference to plaintiff’s serious medical needs in violation of the Eighth
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Amendment, that plaintiff’s requests for injunctive and declaratory relief be denied, and that all
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other claims and defendants be dismissed from this action. (Doc. No. 16) The findings and
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recommendations were served on plaintiff and contained notice that any objections thereto were
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to be filed within fourteen (14) days after service. (Id.) Plaintiff timely filed objections which
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were mailed on January 8, 2018, and docketed by the court on January 16, 2018. (Doc. No. 17.)
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Therein, plaintiff objects to dismissal of the defendant Commissioner, but fails to point to any
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facts alleged in his complaint showing that the Commissioner “participated in or directed the
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violations, or knew of the violations and failed to act to prevent them.” Taylor v. List, 880 F.2d
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1040, 1045 (9th Cir. 1989). As explained in the magistrate judge’s findings and
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recommendations, liability under 42 U.S.C. § 1983 may not be imposed on supervisory personnel
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for the actions or omissions of their subordinates under the theory of respondeat superior, and
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may only be imposed if the supervisory personnel personally violated a constitutional right.
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(Doc. No. 16 at 4.)
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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, including plaintiff’s
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objections, the court finds the findings and recommendations to be supported by the record and
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by proper analysis.
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Accordingly,
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1. The findings and recommendations issued on December 22, 2017 (Doc. No. 16)
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are adopted in full;
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2. This action shall proceed against defendants Jiminez and Metts on plaintiff’s claim
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for deliberate indifference to his serious medical needs in violation of the Eighth
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Amendment;
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3. Plaintiff’s requests for injunctive and declaratory relief are denied;
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4. All other claims and defendants are dismissed from this action for the failure to
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state a claim upon which relief may be granted; and
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5. This action is referred back to the magistrate judge for further proceedings
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consistent with this order.
IT IS SO ORDERED.
Dated:
March 9, 2018
UNITED STATES DISTRICT JUDGE
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