(PC)Anderson v. California Medical Facility et al

Filing 32

ORDER signed by District Judge John A. Mendez on 10/13/2020 ADOPTING 27 Findings and Recommendations in full; This action shall proceed on the following claims: (1) a First Amendment retaliation claim against Dr. Michelle DiThomas and Registere d Nurse (RN) Harris, (2) an Eighth Amendment medical indifference claim against Dr. DiThomas, RN Harris, Dr. Pai, Dr. Joseph Bick, and Dr. Loterszstain, and (3) a state law medical malpractice claim against Dr. DiThomas, RN Harris, Dr. Pai, Dr. Bick, Dr. Loterszstain, Dr. Dhillon, and Dr. Trimbur. All remaining claims and defendants are hereby DISMISSED. Case to remain open. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS ANDERSON,

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No. 2:18-cv-2314 JAM DB P

Plaintiff,
v.

ORDER

CALIFORNIA MEDICAL FACILITY, et
al.,
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 July 23, 2020, the magistrate judge filed findings and recommendations herein which
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were served on plaintiff and which contained notice to plaintiff that any objections to the findings
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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to
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the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed July 23, 2020, are adopted in full; and
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2. This action shall proceed on the following claims: (1) a First Amendment retaliation

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claim against Dr. Michelle DiThomas and Registered Nurse (“RN”) Harris, (2) an Eighth

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Amendment medical indifference claim against Dr. DiThomas, RN Harris, Dr. Pai, Dr. Joseph

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Bick, and Dr. Loterszstain, and (3) a state law medical malpractice claim against Dr. DiThomas,

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RN Harris, Dr. Pai, Dr. Bick, Dr. Loterszstain, Dr. Dhillon, and Dr. Trimbur.

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3. All remaining claims and defendants are hereby dismissed.

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4. Case to remain open.

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DATED: October 13, 2020

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

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