Gardner v. California Forensics Medical Group et al

Filing 13

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS that Plaintiff be permitted to proceed on Cognizable Claims and that Non-Cognizable Claim be Dismissed with Leave to Amend,signed by Chief Judge Lawrence J. O'Neill on 5/14/19. California Forensics Medical Group terminated (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEREMY MICHAEL GARDNER,
Plaintiff,

12
13
14
15

v.
HOLLY, et al.,
Defendants.

Case No. 1:18-cv-00800-LJO-JDP
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT PLAINTIFF
BE PERMITTED TO PROCEED ON
COGNIZABLE CLAIMS AND THAT NONCOGNIZABLE CLAIM BE DISMISSED
WITH LEAVE TO AMEND
ECF No. 12

16
17
18

Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought

19

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

20

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

21
22
23
24
25
26
27

On April 15, 2019, the magistrate judge screened plaintiff’s complaint. ECF No. 12. The
magistrate judge issued findings and recommendations that (1) plaintiff has stated deliberate
indifference claims against defendants Chua and Holly; (2) plaintiff’s remaining claim against
California Forensics Medical Group should be dismissed without prejudice; and (3) plaintiff
should be granted leave to amend the complaint. Id. Plaintiff did not file objections to the
findings and recommendations, and the time to do so has expired.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

28
1

1

court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

2

court finds the findings and recommendations to be supported by the record and proper analysis.

3

Accordingly, IT IS ORDERED that:

4

1. The findings and recommendations issued by the magistrate judge on April 15, 2019,

5

ECF No. 12, are ADOPTED IN FULL.

6

2. Plaintiff states deliberate indifference claims against defendants Chua and Holly.

7

3. Plaintiff’s remaining claim against California Forensics Medical Group is dismissed

8
9

without prejudice, and plaintiff is granted leave to amend the complaint.
4. If plaintiff files an amended complaint, defendants Chua and Holly are not required to

10

respond until the court screens the amended complaint.

11
12
13

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 14, 2019

UNITED STATES CHIEF DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2