Wiseman v. Biter et al
Filing
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ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS, Dismissing Warden Biter, and Referring Matter Back to Magistrate Judge for Initiation of Service of Process signed by Chief Judge Lawrence J. O'Neill on 04/16/2018. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHESTER RAY WISEMAN,
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Plaintiff,
v.
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MARTIN D. BITER, et al.,
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Defendants.
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Case No.: 1:18-cv-00126-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING WARDEN
BITER, AND REFERRING MATTER BACK TO
MAGISTRATE JUDGE FOR INITIATION OF
SERVICE OF PROCESS
[ECF Nos. 1, 7, 8, 9]
Plaintiff Chester Ray Wiseman is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
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On March 2, 2018, the Court screened Plaintiff’s complaint and found that it stated a
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cognizable claim for deliberate indifference to a serious medical need against Defendants Romero,
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Swanson, R. Rivera. M. Pomoa and R. Perez. (ECF No. 7.) Plaintiff did not state a cognizable claim
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against Defendant Warden Biter. (Id.) Plaintiff was granted an opportunity to amend his complaint,
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or notify the Court that he is agreeable to proceeding only on the deliberate indifference claim against
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the above-named Defendants. (Id.)
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On March 14, 2018, Plaintiff notified the Court that he wished to proceed only on the
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deliberate indifference claim against Defendants Romero, Swanson, R. Rivera. M. Pomoa and R.
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Perez. (ECF No. 8.)
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On March 22, 2018, the Magistrate Judge filed Findings and Recommendations,
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recommending that this action proceed only on the deliberate indifference claim against Defendants
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Romero, Swanson, R. Rivera. M. Pomoa and R. Perez, and Defendant Warden Biter be dismissed
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from the action. (ECF No. 9.) The Findings and Recommendations were served on Plaintiff and
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contained notice that objections were to be filed within fourteen days. (Id.) To date, no objections
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have been filed, and the time for doing so has passed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
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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.
The March 22, 2018 findings and recommendations (ECF No. 9) are adopted in full;
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2.
This action shall proceed on against Defendant Defendants Romero, Swanson, R.
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Rivera. M. Pomoa and R. Perez for deliberate indifference;
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3.
Defendant Warden Biter is dismissed from the action; and
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4.
The matter is referred back to the assigned Magistrate Judge for initiation of service of
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process.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
April 16, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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