(PC) Rouser v. Gamboa et al

Filing 39

ORDER signed by District Judge Troy L. Nunley on 1/6/2022 ADOPTING 29 Findings and Recommendations in full. Plaintiff's Claim III against Defendants Weyer and Valencia relating to the prison grievance process is DISMISSED for failure to state a claim. The action shall proceed on 21 Second Amended Complaint on the following claims: Claims I and IV against Defendants Gamboa, Kennerly, Smith, Marquez, Spangler, Brown, Lelewer, and Montoya for deliberate indifference relating to Plaintiff's suicidal ideation; and Claim II against Defendants Gonzalez, Roth, and Weyer for retaliation. (Huang, 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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WILLIAM ROUSER,

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Plaintiff,

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No. 2:19-cv-01233-TLN-DMC

v.

ORDER

JULIA GAMBOA, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. §

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1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of

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California local rules.
On October 12, 2021, the Magistrate Judge filed findings and recommendations herein

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

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within the time specified therein. (ECF No. 29.) Timely objections to the findings and

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recommendations have been filed. (ECF No. 33.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), 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.

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adopted in full;

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2.

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Plaintiff’s Claim III against Defendants Weyer and Valencia relating to the prison

grievance process is dismissed for failure to state a claim; and

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The findings and recommendations filed October 12, 2021, (ECF No. 29) are

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The action shall proceed on Plaintiff’s second amended complaint on the following

claims:
a.

Claims I and IV against Defendants Gamboa, Kennerly,
Smith, Marquez, Spangler, Brown, Lelewer, and Montoya
for deliberate indifference relating to Plaintiff’s suicidal
ideation; and

b.

Claim II against Defendants Gonzalez, Roth, and Weyer
for retaliation.

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DATED: January 6, 2022

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Troy L. Nunley
United States District Judge

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