Carreon v. Abdur-Rahman et al

Filing 46

ORDER signed by District Judge Troy L. Nunley on 3/6/2020 ADOPTING in FULL 44 Findings and Recommendations. GRANTING 39 Plaintiff's Eighth Amendment claims against defendant Lee based on her role in the 2015 RAP are DISMISSED based on Plain tiff's failure to exhaust such claims, in all other respects, the motion on exhaustion grounds is DENIED. Defendants' motion for summary judgment on Plaintiff's remaining 8th Amendment claims against Dr. Lee, and all of Plaintiff's 8th Amendment claims against Dr. Abdur-Rahman are GRANTED, and the Clerk of the Court is directed to enter judgment and close this case. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO CARREON,

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No. 2:17-cv-1292 TLN KJN

Plaintiff,

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v.

ORDER

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S. ABDUR-RAHMAN, 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.

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On December 31, 2019, the magistrate judge filed findings and recommendations herein

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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. (ECF No. 44.) Plaintiff

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filed objections to the findings and recommendations. (ECF No. 45.) Defendants did not file a

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reply.

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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 the 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 December 31, 2019 (ECF No. 44), are

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ADOPTED IN FULL;
2. Plaintiff’s Eighth Amendment claims against defendant Lee based on her role in the

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2015 RAP are DISMISSED based on Plaintiff’s failure to exhaust such claims; in all other

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respects, the motion on exhaustion grounds (ECF No. 39) is DENIED;

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3. Defendants’ motion for summary judgment (ECF No. 39) on Plaintiff’s remaining

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Eighth Amendment claims against Defendant Dr. Lee, and all of Plaintiff’s Eighth Amendment

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claims against Defendant Dr. Abdur-Rahman are GRANTED; and

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4. The Clerk of the Court is directed to enter judgment and close this case.

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IT IS SO ORDERED.

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Dated: March 6, 2020

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Troy L. Nunley
United States District Judge

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