Leonard v. Denny, et al

Filing 50

ORDER adopting 41 FINDINGS AND RECOMMENDATIONS; granting in part and denying in part 19 Motion to Dismiss signed by District Judge Troy L. Nunley on 12/16/13: Plaintiff is granted leave to amend claims against Sutter County within thirty days of the filing date of this order. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID G. LEONARD,

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No. 2:12-CV-0915 TLN AC P

Plaintiff,
v.

ORDER

JIM DENNY, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 1, 2013, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Defendants have filed

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objections to the findings and recommendations, ECF No. 43, and plaintiff has filed an opposition

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and reply to said objections, ECF No. 48.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 1, 2013 (ECF No. 41) are ADOPTED

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in full;
2. Defendants’ motion to dismiss (ECF No. 19) is denied as to the following claims: 1)

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plaintiff’s claim of deliberate indifference to serious medical needs; 2) the claim based on

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supervisory liability against defendant Denney; 3) and the Monell claim against the County;

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3. Defendant’s motion to dismiss is granted with respect to plaintiff’s ADA claim against

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Sutter County; the equal protection claim against the County; the state law negligence claims; the

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state-law-based claims; and the claims for professional negligence against the County; and,

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4. Plaintiff is granted leave to amend the above-referenced dismissed claims against

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Sutter County within thirty days of the filing date of this order.

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Dated: December 16, 2013

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Troy L. Nunley
United States District Judge

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leon0915.806

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