Sekona v. Horowitz et al

Filing 33

ORDER signed by District Judge John A. Mendez on 10/6/20 ADOPTING 31 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 26 Motion to Dismiss. Plaintiff's first claim of medical indifference relating to his 2014 concussion is dismissed with prejudice. This action shall proceed solely on the second claim that Defendant Dr. E. Horowitz denied plaintiff access to a cane or walker and further medical treatment. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ETUATE SEKONA,

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No. 2:17-CV-2479-JAM-DMC-P

Plaintiff,

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v.

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E. HOROWITZ,

ORDER

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Defendant.

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

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

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Eastern District of California local rules.
On September 1, 2020, the Magistrate Judge filed findings and recommendations

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

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objections within the time specified therein. Timely objections to the findings and

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recommendations have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304(f), this Court has conducted a de novo review of this case. Having carefully reviewed the

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entire file, the Court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed September 1, 2020, are adopted in

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Defendant’s motion to dismiss (ECF No. 26) is granted in part and denied

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Plaintiff’s first claim of medical indifference relating to his 2014

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full;

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in part;

concussion is dismissed with prejudice; and
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This action shall proceed solely on the second claim that Defendant Dr. E.

Horowitz denied plaintiff access to a cane or walker and further medical treatment.

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DATED: October 6, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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