(PS) Chipman v. Nelson et al

Filing 552

ORDER ADOPTING #549 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 10/06/16 ORDERING that defendant Merrifield's #419 #452 Motions to Dismiss are GRANTED and all claims against her are DISMISSED without leave to amend; defendant Matthews's #412 Motion to Dismiss plaintiff's wrongful death claim is DENIED; defendants Enloe Medical Center ("EMC"), Boggs, and Nelson's #404 Motion for Judgment on the Pleadings is GRANTED IN PART and DENIED IN PART as follows: a. The motion is granted as to all claims against Nelson and Boggs; and b. The motion is granted as to all claims against EMC, except plaintiff's wrongful death claim based on Defendant Matthews's conduct; defendants Stansell and Potter's #448 #450 Motions for Entry of Judgment are DENIED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICKIE L. CHIPMAN,

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Plaintiff,

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No. 2:11-cv-2770-TLN-EFB PS

v.

ORDER

MARCIA F. NELSON, M.D., et al.,

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Defendants.

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On September 15, 2016, the magistrate judge filed findings and recommendations herein,

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which were served on the parties and which contained notice that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff filed objections on

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September 29, 2016.

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This Court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the Court

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assumes its correctness and decides the motions on the applicable law. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The Court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly,

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IT IS ORDERED that:

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1. The findings and recommendations filed September 15, 2016, are adopted;

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2. Defendant Merrifield’s motions to dismiss (ECF Nos. 419, 452) are granted and all

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claims against her are dismissed without leave to amend;
3. Defendant Matthews’s motion to dismiss Plaintiff’s wrongful death claim (ECF No.
412) is denied;
4. Defendants Enloe Medical Center (“EMC”), Boggs, and Nelson’s motion for judgment
on the pleadings (ECF No. 404) is granted in part and denied in part as follows:

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a. The motion is granted as to all claims against Nelson and Boggs; and

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b. The motion is granted as to all claims against EMC, except Plaintiff’s wrongful
death claim based on Defendant Matthews’s conduct; and

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5. Defendants Stansell and Potter’s motions for entry of judgment (ECF Nos. 448, 450)
are denied.

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Dated: October 6, 2016

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Troy L. Nunley
United States District Judge

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