Johnson v. Beard
Filing
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ORDER signed by District Judge Troy L. Nunley on 10/30/2018 ADOPTING 19 findings and recommendations in full. Plaintiff's claims concerning allegedly contaminated water, including any state law claims related thereto, against defendants Beard , Runnels, Stanley, Swarthout, Price, and Millard are DISMISSED without prejudice for improper joinder. Plaintiff's Eighth Amendment medical claims against defendants Brown, Rohlfing, Filice, Kreitler, Kraft, and Acquva, arising while plainti ff was housed in HDSP from 2000 to 2005, are DISMISSED as barred by the statute of limitations. Plaintiff's Eighth Amendment medical claims against defendants Dr. Naku, Dr. Mahmoud, Dr. Chen, and Dr. Collinsworth, arising from medical care provided at CSP-SOL prior to 12/13/2010, are DISMISSED as barred by the statute of limitations. Plaintiff's claims against defendant Dr. Traquina are DISMISSED without leave to amend. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PAUL DAVID JOHNSON,
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Plaintiff,
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v.
No. 2:15-cv-1313-TLN-KJN
ORDER
J.A. BEARD, 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.
On March 20, 2018, the magistrate judge filed findings and recommendations herein
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which were served on plaintiff and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within fourteen days. (ECF No. 19.) Plaintiff has
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filed objections to the findings and recommendations. (ECF No. 24.)
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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///
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed March 20, 2018, are adopted in full;
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2. Plaintiff’s claims concerning allegedly contaminated water, including any state law
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claims related thereto, against defendants Beard, Runnels, Stanley, Swarthout, Price, and Millard
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are dismissed without prejudice for improper joinder;
3. Plaintiff’s Eighth Amendment medical claims against defendants Brown, Rohlfing,
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Filice, Kreitler, Kraft, and Acquva, arising while plaintiff was housed in HDSP from 2000 to
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2005, are dismissed as barred by the statute of limitations;
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4. Plaintiff’s Eighth Amendment medical claims against defendants Dr. Naku, Dr.
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Mahmoud, Dr. Chen, and Dr. Collinsworth, arising from medical care provided at CSP-SOL prior
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to December 13, 2010, are dismissed as barred by the statute of limitations; and
5. Plaintiff’s claims against defendant Dr. Traquina are dismissed without leave to
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amend.
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Dated: October 30, 2018
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Troy L. Nunley
United States District Judge
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