Jorgenson v. Moore et al

Filing 21

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 19 & 20 , signed by Chief Judge Lawrence J. O'Neill on 8/31/2018: This case is referred back to the magistrate judge for further proceedings. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL JORGENSON,

Case No. 1:17-cv-00817-LJO-EPG (PC)

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

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v.
(ECF NOS. 19 & 20)
THOMAS MOORE, M.D. et al.,
Defendants.

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Paul Jorgenson (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis in this action. The matter was referred to a United States magistrate judge pursuant to

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

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On July 20, 2018, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations, recommending that this action proceed on Plaintiff’s Federal Tort Claims

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Act (“FTCA”) “claim against the United States, his Eighth Amendment Bivens claim against

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the four unknown correctional officers, and his state tort claims for medical negligence and

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battery against Defendants Haak, Randhawa, and Emanuel Medical Center.” (ECF No. 20, p.

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12). Judge Grosjean also recommended “that all other claims and defendants be dismissed with

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prejudice.” (Id.).

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Plaintiff was provided an opportunity to file objections to the findings and

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recommendations. The deadline for filing objections has passed, and Plaintiff has not filed

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objections or otherwise responded to the findings and recommendations.

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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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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The findings and recommendations issued by the magistrate judge on July 20,
2018, are ADOPTED in full;

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This case will proceed on Plaintiff’s FTCA claim against the United States, his

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Eighth Amendment Bivens claim against the four unknown correctional officers,

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and his state tort claims for medical negligence and battery against Defendants

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Haak, Randhawa, and Emanuel Medical Center;

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3.

All other claims and defendants are DISMISSED;

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4.

The Clerk of Court is DIRECTED to reflect the dismissal of defendant Thomas
Moore, M.D., on the Court’s docket; and

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5.

This case is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 31, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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