(PC) Singh v. Pheiffer, et al.

Filing 63

ORDER ADOPTING 37 Findings and Recommendations that Plaintiff Proceed Only on his Cognizable Eighth Amendment and State Law Claims Against Defendants Veith, Fowler, and Diaz, and Dismissing All other Claims and Defendants, signed by District Judge Kirk E. Sherriff on 11/25/2024. Pheiffer, Sergeant (of KVSP ASU/SHU-2), Captain (of KVSP ASU-SHU-2) and Lieutenant (of KVSP ASU/SHU-2) terminated. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL MANJEET SINGH, Plaintiff, 12 13 v. 14 WARDEN PHEIFFER, et al., 15 Defendants. Case No. 1:22-cv-01412-KES-EPG ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF PROCEED ONLY ON HIS COGNIZABLE EIGHTH AMENDMENT AND STATE LAW CLAIMS AGAINST DEFENDANTS VEITH, FOWLER, AND DIAZ, AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS Docs. 9, 37 16 17 18 19 20 Michael Manjeet Singh (“Plaintiff”) is a prisoner proceeding pro se in this civil rights 21 action filed pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s Eighth Amendment 22 claims against Defendants Veith, Fowler, and Diaz for excessive force, failure to protect, and 23 medical deliberate indifference, as well as Plaintiff’s state law claims for negligent failure to 24 protect and failure to summon medical care in violation of California Government Code §§ 845.6 25 and 844. Docs. 9, 28, 37. 26 27 On October 11, 2023, the assigned magistrate judge issued findings and recommendations recommending that all other claims and defendants be dismissed. Doc. 37. The findings and 28 1 1 recommendations contained notice that any objections were to be filed within fourteen (14) days 2 of service. No objections were filed and the time to do so has passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1) and Local Rule 302, this Court 4 has conducted a de novo review of this case. Having carefully reviewed the file, the Court finds 5 the findings and recommendations to be supported by the record and proper analysis. 6 Thus, the Court ORDERS: 7 1. 8 9 The findings and recommendations issued October 11, 2023, are ADOPTED IN FULL; 2. All claims and defendants in this case are dismissed, except for Plaintiff’s Eighth 10 Amendment claim for excessive force against Defendants Veith and Fowler; 11 Eighth Amendment claim for failure to protect against Defendants Veith, Fowler, 12 and Diaz; Eighth Amendment claim for deliberate indifference to a serious 13 medical need against Defendants Veith, Fowler, and Diaz; state law tort claim for 14 negligent failure to protect against Defendants Veith, Fowler, and Diaz; and state 15 law claim for failure to summon medical care in violation of California 16 Government Code §§ 845.6 and 844 against Defendants Veith, Fowler, and Diaz; 17 and 18 3. The Clerk of Court is directed to terminate Warden Pheiffer, Doe Captain of 19 KVSP ASU-SHU-2, Doe Lieutenant of KVSP, and Doe Sergeant of KVSP as 20 defendants. 21 22 23 24 IT IS SO ORDERED. Dated: November 25, 2024 UNITED STATES DISTRICT JUDGE 25 26 27 28 2

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