Thomas v. Bick et al

Filing 22

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/7/2017 ORDERING service is appropriate for J. Bick and B. Dhillon. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that all defendants other than Bick and Dhillon be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSH THOMAS,

12

Plaintiff,

13
14

No. 2:16-cv-1425 TLN CKD P

v.

ORDER AND

J. BICK, et al.,

15

FINDINGS AND RECOMMENDATIONS
Defendants.

16
Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

17
18

1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §

19

636(b)(1).
Before the court for screening is plaintiff’s first amended complaint. The amended

20
21

complaint states a cognizable claim under 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the

22

allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to prevail

23

on the merits of his Eighth Amendment claims against defendant Doctors Bick and Dhillon

24

concerning treatment for “Valley Fever.”
As for the remainder of plaintiff’s claims, plaintiff either fails to state a claim upon which

25
26
27
28

relief can be granted,1 or has improperly joined claims against other defendants.2
1

Defendant asserts defendants Ditomas, Clark and Lewis denied prisoner grievances concerning
the treatment of Bick and Dhillon. But plaintiff fails to point to facts indicating that anyone
1

1

In accordance with the above, IT IS HEREBY ORDERED that:

2

1. Service is appropriate for defendants Bick and Dhillon.

3

2. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an

4

instruction sheet and a copy of the amended complaint.

5

3. Within thirty days from the date of this order, plaintiff shall complete the attached

6

Notice of Submission of Documents and submit the following documents to the court:

7

a. The completed Notice of Submission of Documents;

8

b. One completed summons;

9

c. One completed USM-285 form for each defendant listed in number 1 above;

10

and

11

d. Three copies of the endorsed amended complaint.

12

4. Plaintiff need not attempt service on defendants and need not request waiver of service.

13

Upon receipt of the above-described documents, the court will direct the United States Marshal to

14

serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment

15

of costs.

16
17

IT IS HEREBY RECOMMENDED that that all defendants other than Bick and Dhillon
be dismissed.

18

These findings and recommendations are submitted to the United States District Judge

19

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

20

after being served with these findings and recommendations, any party may file written

21

objections with the court and serve a copy on all parties. Such a document should be captioned

22
23
24
25
26
27

reviewing plaintiff’s grievances had the authority to change the treatment prescribed by Dr. Bick
or Dr. Dhillon. Plaintiff also fails to allege sufficient facts suggesting he suffered actionable
injury as a result of, at least, the deliberate indifference of the defendants reviewing grievances.
See Estelle v. Gamble, 429 U.S. 97, 104-05 (1976).
2

As a general rule, plaintiff may include as many claims as he likes with respect to one
defendant in one action. However, claims against additional defendants in the same action must
arise out of the “same transaction, occurrence or series of transactions or occurrences.” Fed. R.
Civ. P. 20(a)(2)(A). Plaintiff was informed of this when the court dismissed his original
complaint with leave to amend.

28
2

1

“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

2

objections shall be served and filed within fourteen days after service of the objections. The

3

parties are advised that failure to file objections within the specified time may waive the right to

4

appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

5

Dated: December 7, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11

1
thom1425.1

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSH THOMAS,

12
13
14

No. 2:16-cv-1425 TLN CKD P
Plaintiff,

v.

NOTICE OF SUBMISSION OF

J. BICK, et al.,

15

DOCUMENTS
Defendants.

16
17
18

Plaintiff hereby submits the following documents in compliance with the court's order
filed _____________________ :

19

____

completed summons form

20

____

completed USM-285 forms

21

____

copies of the ___________________
Amended Complaint

22
23

DATED:

24
25
26

________________________________

27

Plaintiff

28
4