(PC) Cruz v. Ahlin, et al., No. 1:2013cv00988 - Document 16 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS, Recommending that this Action Proceed Only Against Defendant Hamrick on Plaintiff's Fourteenth Amendment Medical Claim, and that all Other Claims and Defendants be Dismissed, signed by Magistrate Judge Erica P. Grosjean on 3/31/16. Referred to Judge O'Neill; 30-Day Deadline. (Verduzco, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 PETER CASEY CRUZ, 11 Plaintiff, 12 13 vs. PAMELA AHLIN, et al., 14 Defendants. 15 1:13-cv-00988-LJO-EPG-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION PROCEED ONLY AGAINST DEFENDANT HAMRICK ON PLAINTIFF=S FOURTEENTH AMENDMENT MEDICAL CLAIM, AND THAT ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED OBJECTIONS, IF ANY, DUE IN 20 DAYS 16 17 Peter Casey Cruz (“Plaintiff”) is a civil detainee proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. The case now proceeds on the 19 First Amended Complaint filed by Plaintiff on January 7, 2015. (ECF No. 10.) The First 20 Amended Complaint names defendants Jonathan Hamrick, M.D., Pamela Ahlin, Audrey King, 21 Don Duncan, John Doe 1 (medical director at Coalinga State Hospital (“CSH”)), Jane Doe 1 22 (registered nurse at CSH), and Does 2 to 10 (various employees at CSH), and alleges claims for 23 inadequate medical care, and claims under the Americans with Disability Act and the Unruh 24 Act. 25 The Court screened Plaintiff=s First Amended Complaint pursuant to 28 U.S.C. ' 1915A 26 and found that it states a cognizable medical claim under § 1983 against Jonathan Hamrick, 27 M.D. (ECF No. 12.) On February 11, 2016, Plaintiff was granted leave to either file an 28 amended complaint or notify the court that he is willing to proceed only on the claim found 1 1 cognizable by the Court. (Id.) On March 17, 2016, Plaintiff filed a notice informing the court 2 that he is willing to proceed only on the cognizable medical claim against defendant Jonathan 3 Hamrick, M.D. (ECF No. 13.) 4 Based on the foregoing, it is HEREBY RECOMMENDED that: 5 1. This action proceed only against defendant Jonathan Hamrick, M.D, on Plaintiff’s claim for inadequate medical care under the Fourteenth Amendment; 6 7 2. All remaining claims and defendants be dismissed from this action; 8 3. Plaintiff’s claims under the Americans with Disabilities Act and the Unruh Act be dismissed from this action based on Plaintiff’s failure to state a claim; and 9 10 4. Defendants Pamela Ahlin, Audrey King, Don Duncan, John Doe 1 (medical 11 director at Coalinga State Hospital (“CSH”)), Jane Doe 1 (registered nurse at 12 CSH), and Does 2 to 10 (various employees at CSH), be dismissed from this 13 action based on Plaintiff’s failure to state any claims against them. 14 These Findings and Recommendations will be submitted to the United States District 15 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within 16 twenty (20) days after being served with these Findings and Recommendations, Plaintiff may 17 file written objections with the Court. The document should be captioned AObjections to 18 Magistrate Judge=s Findings and Recommendations.@ Plaintiff is advised that failure to file 19 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 20 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 21 (9th Cir. 1991)). 22 23 24 IT IS SO ORDERED. Dated: March 31, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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