Calloway v. California Department of Corrections and Rehabilitation et al

Filing 64

ORDER signed by Senior Judge William B. Shubb on 9/8/2023 ADOPTING in FULL 56 Findings and Recommendations. The claims identified as defective in the 7/25/2023, Findings and Recommendations are DISMISSED, resulting in the dismissal of defendants: C DCR, D. Chanden, Chief Medical Executive, M. Cross, S. Davis, Davita Healthcare, Inc., Irene Doe, R. Hewitt, Doe Ko, J. Lewis, N. Malakkla, R. Recarey, C. Russell, San Joaquin General Hospital, San Joaquin Kidney Clinic, Total Renal Care, Inc., Doe W hite, A. Adams and J. Biggs. This action shall proceed on the 4th Amended Complaint on Plaintiff's claims identified in the Court's 7/25/2023, service order, ECF No. 57 , as cognizable.This case is REFERRED back to the Magistrate Judge for further pre-trial proceedings.(Reader, L)

Case 2:16-cv-02532-WBS-DMC Document 64 Filed 09/11/23 Page 1 of 2
1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JAMISI JERMAINE CALLOWAY,

12

Plaintiff,

13
14
15

No. 2:16-CV-2532-WBS-DMC-P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16

Defendants.

17
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18
19

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

20

Eastern District of California local rules.
On July 25, 2023, the Magistrate Judge filed findings and recommendations herein

21
22

which were served on the parties and which contained notice that the parties may file objections

23

within the time specified therein. No objections to the findings and recommendations have been

24

filed.
The Court has reviewed the file and finds the findings and recommendations to be

25
26

supported by the record and the Magistrate Judge’s analysis.

27

///

28

///
1

Case 2:16-cv-02532-WBS-DMC Document 64 Filed 09/11/23 Page 2 of 2
1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The findings and recommendations filed July 25, 2023, are adopted in full.

3

2.

The claims identified as defective in the July 25, 2023, findings and

4

recommendations are dismissed, resulting in the dismissal of the following as defendants to this

5

action: (1) Sergeant J. Biggs, Correctional Officer; (2) A. Adams, (3) Chief Medical Executive;

6

(4) Doe White, Medical Doctor; (5) San Joaquin General Hospital; (6) Doe Ko, Medical Doctor;

7

(7) N. Malakkla, Medical Doctor; (8) D. Chanden, Supervising Registered Nurse III; (9) M.

8

Cross, Health Care Appeal Registered Nurse; (10) R. Hewit, Health Care Records Director; (11)

9

R. Recarey, Chief Executive Officer; (12) J. Lewis, Chief Executive Officer; (13) San Joaquin

10

Kidney Clinic; (14) Irene Doe, Davita Inc. Technician; (15) C. Russell, Davita Inc. Record

11

Analyst; (16) S. Davis, Davita Inc. Record Analyst; (17) Davita Healthcare, Inc.; (18) Total Renal

12

Care, Inc.; and California Department of Corrections and Rehabilitation (CDCR).

13
14

3.

This action shall proceed on the fourth amended complaint on Plaintiff’s

claims identified in the Court’s July 25, 2023, service order, ECF No. 57, as cognizable.

15

4.

This case is referred back to the Magistrate Judge for further pre-trial

16

proceedings.

17

Dated: September 8, 2023

18
19
20
21
22
23
24
25
26
27
28
2