(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JULIUS ANDERSON, 12 13 14 15 No. 2:18-cv-2314 JAM DB P Plaintiff, v. ORDER CALIFORNIA MEDICAL FACILITY, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 23, 2020, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed July 23, 2020, are adopted in full; and 28 1 1 2. This action shall proceed on the following claims: (1) a First Amendment retaliation 2 claim against Dr. Michelle DiThomas and Registered Nurse (“RN”) Harris, (2) an Eighth 3 Amendment medical indifference claim against Dr. DiThomas, RN Harris, Dr. Pai, Dr. Joseph 4 Bick, and Dr. Loterszstain, and (3) a state law medical malpractice claim against Dr. DiThomas, 5 RN Harris, Dr. Pai, Dr. Bick, Dr. Loterszstain, Dr. Dhillon, and Dr. Trimbur. 6 3. All remaining claims and defendants are hereby dismissed. 7 4. Case to remain open. 8 9 10 11 DATED: October 13, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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