Roberson v. Manasrah, et al.

Filing 25

ORDER adopting 18 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 4/5/2019. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORRIS ROBERSON,

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No. 1:17-cv-01062-DAD-SAB

Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
A. MANASRAH, et al.,

(Doc. No. 18)

Defendants.

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Plaintiff Morris Roberson is a state prisoner appearing pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On October 31, 2017, the assigned magistrate judge screened the first amended complaint

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and issued findings and recommendations recommending that this action proceed against

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defendant Pfeiffer for failing to take reasonable measures to protect plaintiff from contracting

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Valley Fever in violation of the Eighth Amendment; that plaintiff’s claim for deliberate

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indifference to a serious medical need be dismissed for failure to state a cognizable claim for

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relief; and that defendants Manasrah, Ogbuehi, and Relevante be dismissed for failure to state a

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cognizable claim for relief against them. (Doc. No. 18.) Those findings and recommendations

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were served on plaintiff and contained notice that any objections thereto were to be filed within

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twenty-one (21) days of the date of service. (Id. at 9.) On November 20, 2017, plaintiff timely

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filed objections. (Doc. No. 19.)
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Plaintiff objects to the magistrate judge’s recommendation to dismiss plaintiff’s claim

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against defendants Manasrah and Ogbuehi for deliberate indifference to a serious medical need.

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(Doc. No. 19 at 1.) Plaintiff alleges that on January 5, 2015, plaintiff told defendant Manasrah

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that he had been experiencing “excruciatingly sharp pain in his head, throat, neck, and stomach

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for several days.” (Doc. No. 14 at 8.) According to plaintiff, defendant Manasrah was dismissive

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of plaintiff’s complaints and “purposely” denied treatment and issued false reports that plaintiff

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was in no obvious distress and had a normal gait. (Id. at 42.) Plaintiff also alleges that on

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multiple occasions in April, May, and June of 2016, he submitted forms complaining of shortness

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of breath, muscle cramping, chest pain, joint pain, severe headaches, night sweats, and coughing.

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(Id.) Plaintiff claims that each time, defendants Manasrah and Ogbuehi told plaintiff that he was

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fine and refused to do anything to treat plaintiff’s symptoms. (Id.) As the magistrate judge

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found, these conclusory allegations are insufficient to state a cognizable claim that defendants

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were aware that plaintiff had a serious medical condition and failed to adequately respond.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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 October 31, 2017 (Doc. No. 18) are

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adopted;
2. This action now proceeds only on plaintiff’s claim brought against defendant

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Pfeiffer for failing to take reasonable measures to protect plaintiff from contracting

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Valley Fever, in violation of the Eighth Amendment;
3. All other claims and defendants are dismissed due to plaintiff’s failure to state a

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cognizable claim upon which relief may be granted;
4. Plaintiff’s motions for a status report (Doc. Nos. 20, 21) are denied as moot; and

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5. This matter is referred back to the assigned magistrate judge for initiation of

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service of process.
IT IS SO ORDERED.
Dated:

April 5, 2019
UNITED STATES DISTRICT JUDGE

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