(PC) Jordan v. Norris, et al.
Filing
64
ORDER ADOPTING 63 Findings and Recommendations and DENYING Defendants' Motion for Summary Judgment 52 signed by District Judge Jennifer L. Thurston on 8/2/2022. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAMAR JORDAN,
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Plaintiff,
v.
No. 1:20-cv-0467 JLT EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
E. ANUNCIACION, et al.,
(Docs. 52, 63)
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Defendants.
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The plaintiff asserts he suffered violations of his Eighth Amendment rights while
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incarcerated. He contends Napoles and Anunciacion, both of whom are dentists, were
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deliberately indifferent to his serious medical needs related to post-operative dental care. (See
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Doc. 1.)
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Defendants filed a motion for summary judgment. (Doc. 52.) The assigned magistrate
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judge found there were “genuine disputes of material fact regarding whether Defendants
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knowingly disregarded Plaintiff’s serious medical needs.” (Doc. 63 at 2, 19.) Therefore, the
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magistrate judge recommended the motion for summary judgment be denied. (Id.)
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The Court granted the parties 21 days to file any objections to the Findings and
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Recommendations. (Doc. 63 at 19.) In addition, the Court advised them “that failure to file
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objections within the specified time may result in the waiver of rights on appeal.” (Id., citing
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Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391,
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1394 (9th Cir. 1991).) The deadline to file objections has passed and no objections were filed.
According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case.
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Having carefully reviewed the entire matter, the Court concludes the magistrate judge’s Findings
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and Recommendations are supported by the record and by proper analysis. Thus, the Court
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ORDERS:
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1.
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The Findings and Recommendations issued on June 28, 2022 (Doc. 63), are
ADOPTED in full.
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Defendants’ motion for summary judgment (Doc. 52) is DENIED.
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IT IS SO ORDERED.
Dated:
August 2, 2022
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