Parkison v. Butte County Sheriff's Dept. et al

Filing 82

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/27/2013 ADOPTING 80 Findings and Recommendations in full; GRANTING in part and DENYING in part 31 Motion for Summary Judgment. (Michel, G)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

GRANT S. PARKISON, JR.,
Plaintiff,

11
v.

12
13

No. 2:09-cv-02257 MCE DAD P

BUTTE COUNTY SHERIFF’S
DEPT., et al.,

14
Defendants.

ORDER
/

15
16

Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action

17

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

18

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 13, 2013, the Magistrate Judge filed findings and recommendations herein

19
20

(ECF No. 80) which were served on all parties and which contained notice to all parties that any

21

objections to the findings and recommendations were to be filed within seven days. Neither

22

party has filed objections to the findings and recommendations.
The Court has reviewed the file and finds the findings and recommendations to be

23
24

supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS HEREBY

25

ORDERED that:

26

/////
1

1

1.

2

The Findings and Recommendations (ECF No. 80) filed March 13, 2013,
are ADOPTED IN FULL;

3

2.

Defendant’s Motion for Summary Judgment (ECF No. 31) is GRANTED

4

to the extent plaintiff’s complaint could be construed as presenting an

5

inadequate medical care claim with respect to the administration and

6

discontinuation of Trazodone during Plaintiff’s confinement at the BCJ;

7

and

8

3.

9

Defendant’s Motion for Summary Judgment (ECF. No. 31) is DENIED
and the case will proceed on Plaintiff’s claim that Defendant CFMG failed

10

to treat and provide follow-up care with respect to his seizure disorder in

11

violation of the Fourteenth Amendment and state law.

12

DATED:

March 27, 2013

13
14
15
16

__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
2