Blalock v. Kelso et al

Filing 54

ORDER signed by District Judge Troy L. Nunley on 11/18/2021 ADOPTING in FULL 51 Findings and Recommendations. GRANTING in PART and DENYING in PART 45 Motion for Summary Judgment. This case proceeds on the claim that Defendant Miranda was deliberately indifferent by interfering with Plaintiff's pain management after Plaintiff's surgery. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES BLALOCK,

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Plaintiff,

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No. 2:17-cv-01813-TLN-AC

v.

ORDER

J. CLARK KELSO, 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 September 22, 2021, 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 ten days. (ECF No. 51.) Both parties

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have filed objections to the findings and recommendations. (ECF Nos. 52, 53.)
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 September 22, 2021, (ECF No. 51), are

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adopted in full;
2. Defendant’s motion for summary judgement, (ECF No. 45), is GRANTED in part and
DENIED in part as follows:
a. GRANTED as to the claim that Defendant delayed referring Plaintiff for an
MRI and surgery.
b. DENIED as to the claim that Defendant interfered with Plaintiff’s pain
management after Plaintiff’s surgery.
3. This case proceeds on the claim that Defendant Miranda was deliberately indifferent by

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interfering with Plaintiff’s pain management after Plaintiff’s surgery.

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DATED: November 18, 2021

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Troy L. Nunley
United States District Judge

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