(PC) Cortinas v. Gates et al
Filing
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ORDER ADOPTING 19 Findings and Recommendations and Dismissing Action, signed by District Judge Dale A. Drozd on 12/4/2020. CASE CLOSED. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LARRY WILLIAM CORTINAS
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Plaintiff,
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v.
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S. GATES, et al.,
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No. 1:19-cv-01709-DAD-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION
Defendants.
(Doc. No. 19)
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Plaintiff Larry William Cortinas is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred
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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 15, 2020, the assigned magistrate judge issued findings and
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recommendations, recommending that this action be dismissed due to plaintiff’s failure to state a
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cognizable claim upon which relief may be granted. (Doc. No. 19.) The findings and
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recommendations found that plaintiff’s allegations that defendants denied his inmate grievances
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and refused to conduct interviews in response to those grievances failed to establish a cognizable
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claim under the Eighth Amendment. (Id. at 5.) Given that plaintiff had received two prior
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opportunities to amend his complaint(see Doc. Nos. 12, 14), the findings and recommendations
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determined that further amendment would be futile. (Doc. No. 19 at 1, 6.)
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The findings and recommendations were served on plaintiff and contained notice that any
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objections thereto were to be filed within twenty-one (21) days from the date of service. (Id.)
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Plaintiff filed objections on November 6, 2020. (Doc. No. 20.) In his objections, plaintiff
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contends that defendant Gates must have known of plaintiff’s pain given plaintiff’s medical
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records as well as his personal letters sent to defendant Gates. (Id. at 1–2.) Plaintiff also argues
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that he should not have to resort to use of illegal drugs in prison in order to obtain relief from his
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pain. (Id. at 3.) The court finds the conclusion reached in the findings and recommendations that
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plaintiff has failed to allege facts demonstrating that the actions or inactions of defendants Gates
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or Lewis caused the harm or deprivation of which plaintiff complains (Doc. No. 19 at 5), to be
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correct. In addition, the pending findings and recommendations also correctly note that plaintiff
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lacks a constitutional entitlement to a specific inmate grievance procedure and that his claim
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based upon the handling and denial of his inmate appeals is not cognizable.
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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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proper analysis.
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Accordingly,
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1.
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adopted in full;
2.
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The findings and recommendations issued on October 15, 2020 (Doc. No. 19) are
This action is dismissed with prejudice due to plaintiff’s failure to state a claim on
which relief can be granted; and,
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The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated:
December 4, 2020
UNITED STATES DISTRICT JUDGE
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