Hicks v. Arya
Filing
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ORDER signed by District Judge Troy L. Nunley on 9/20/2018 ADOPTING the 60 Findings and Recommendations in full. Defendant Arya's 46 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's 47 motion to file a second amended complaint is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL J. HICKS,
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Plaintiff,
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No. 2:16-cv-2465-TLN-KJN
v.
ORDER
AFSHIN ARYA, 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 May 17, 2018, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has filed
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objections to the findings and recommendations.
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 May 17, 2018, are ADOPTED in full;
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2. Defendant Arya’s summary judgment motion (ECF No. 46) on the grounds that
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Plaintiff failed to exhaust administrative remedies as to his claims regarding hepatitis C and
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Celebrex is GRANTED; Defendant Arya’s summary judgment motion on the grounds that
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Plaintiff failed to exhaust administrative remedies as to his claim regarding cervical traction is
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DENIED; Defendant’s summary judgment motion as to the merits of Plaintiff’s claim regarding
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cervical transfer is DENIED without prejudice to renewal at a later state of these proceedings;
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3. Plaintiff’s motion to file a second amended complaint (ECF No. 47) is GRANTED in
part and DENIED in part;
4. Plaintiff’s motion to file a second amended complaint raising new claims regarding
treatment for hepatitis C and denial of adequate pain medication is DENIED;
5. Plaintiff’s motion to file a second amended complaint is GRANTED as to his claims
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alleging that Defendants Arya, Bodenheimer, Hopkins and Felder denied his request to be
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transferred in order to receive cervical traction;
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6. In the alternative, Plaintiff’s claims that Defendants Bodenheimer, Sahota, Knipp and
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Hopkins denied Plaintiff adequate pain medication, contained in the proposed second amended
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complaint, are DISMISSED for failing to state potentially colorable claims for relief.
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Dated: September 20, 2018
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Troy L. Nunley
United States District Judge
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