Rowell v. Zamora, et al

Filing 67

ORDER signed by District Judge Kimberly J. Mueller on 4/23/18 ORDERING that the findings and recommendations filed 3/16/18, are ADOPTED in FULL; and Defendants' motion to dismiss 36 is GRANTED in part as follows: the official capacity cla ims against defendants Abdur Rahman, Dorothy Swingle, and David Medina are DISMISSED for failure to state a claim; the medical deliberate indifference claims based on the prescription of NSAIDs against Rahman, Swingle, and Medina are also DISMISSED for failure to state a claim; and the motion is DENIED in all other respects. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN LOUIS ROWELL,

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No. 2:14-cv-1888-KJM-EFB P

Plaintiff,
v.

ORDER

L.D. ZAMORA, et al.,
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 as provided

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

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On March 16, 2018, the magistrate judge filed amended findings and recommendations,

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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. Neither party has filed

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objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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

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

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 16, 2018, are adopted in full; and

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2. Defendants’ motion to dismiss (ECF No. 36) is granted in part as follows:

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a. The official capacity claims against defendants Abdur Rahman, Dorothy
Swingle, and David Medina are dismissed for failure to state a claim;
b. The medical deliberate indifference claims based on the prescription of
NSAIDs against Rahman, Swingle, and Medina are also dismissed for failure to state a claim; and
c. The motion is denied in all other respects.
DATED: April 23, 2018.

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UNITED STATES DISTRICT JUDGE

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