(PC) Quiroga v. Hasta, No. 1:2015cv01871 - Document 25 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS IN FULL That Action Proceed Solely on Plaintiff's Deliberate Indifference Claim Against Defendant Dr. Hasta and That All Other Claims and Defendants be DISMISSED re 24 signed by Chief Judge Lawrence J. O'Neill on 11/30/2016. Defendant Dr. Hasta added. RN, LVN and Medical Service Doctor terminated. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 Case No. 1:15-cv-01871-LJO-JLT (PC) MONICO J. QUIROGA, III, 10 Plaintiff, 11 12 13 v. MEDICAL SERVICE DOCTOR, et al., Defendants. 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL THAT ACTION PROCEED SOLELY ON PLAINTIFF'S DELIBERATE INDIFFERENCE CLAIM AGAINST DEFENDANT DR. HASTA AND THAT ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED (Docs. 20, 23, 24) 15 16 17 Plaintiff, Monico J. Quiroga, III, is a state prisoner proceeding pro se and in forma 18 pauperis in this civil action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 20 On November 10, 2016, the Magistrate Judge filed a Findings and Recommendations that 21 this action should proceed on Plaintiff’s first cause of action in the Second Amended Complaint 22 against Defendant Dr. Hasta for deliberate indifference to Plaintiff’s serious medical needs in 23 violation of the Eighth Amendment. (Doc. 23.) This was served on Plaintiff that same day and 24 contained notice that any objections were to be filed within thirty days. (Id.) Plaintiff did not file 25 any objections; rather he filed a declaration that he agreed to only proceed on his Eighth 26 Amendment claim against Dr. Hasta. 27 /// 28 // 1 1 In accordance with the provisions of 28 U.S.C. ' 636(b)(1)(C), this Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 3 Findings and Recommendations to be supported by the record and by proper analysis. 4 Accordingly, it is HEREBY ORDERED that: 5 1. 6 7 November 29, 2016 (Doc. 24), is granted; 2. 8 9 Plaintiff’s motion to proceed on the Findings and Recommendation, filed the Findings and Recommendations, filed November 10, 2016 (Doc. 23), is adopted in full; 3. this action shall proceed on Plaintiff=s Second Amended Complaint, filed on May 10 23, 2016 (Doc. 20), against Defendant Dr. Hasta for deliberate indifference to 11 Plaintiff’s serious medical needs in violation of the Eight Amendment; 12 4. 13 14 all other Defendants and claims are dismissed for Plaintiff's failure to state a claim upon which relief may be granted; 5. the Clerk's Office shall terminate Defendants “Medical Service Doctor,” “LVN,” and “RN” and shall add “Dr. Hasta” as a Defendant on the docket of this action; 15 16 6. this action shall hereafter be captioned “Monico J. Quiroga, III v. Dr. Hasta;” and 17 7. the action is referred back to the Magistrate Judge for further proceedings. 18 19 20 21 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ November 30, 2016 UNITED STATES CHIEF DISTRICT JUDGE 22 23 24 25 26 27 28 2

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