(PC) Herron v. Delrosario, et al., No. 1:2009cv02165 - Document 34 (E.D. Cal. 2011)

Court Description: ORDER Adopting 31 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING Action as to Defendants John Doe Chief Medical Officer, Dr. Hemela, Dr. Ashby, Dr. Klang and John Doe Correctional Officer signed by Chief Judge Anthony W. Ishii on 12/23/2011. (Sant Agata, S)
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(PC) Herron v. Delrosario, et al. Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN HERRON, 12 Case No. 1:09-cv-2165 AWI JLT (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 vs. ORDER DISMISSING ACTION AS TO DEFENDANTS JOHN DOE CHIEF MEDICAL OFFICER, DR. HEMELA, DR. ASHBY, DR. KLANG AND JOE DOE CORRECTIONAL OFFICER 14 15 16 17 D. WILTCHIK, et al., Defendants. / (Doc. 31) 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 19 pursuant to 42 U.S.C. § 1983. On November 18, 2011, the assigned Magistrate Judge screened 20 Plaintiff’s third amended complaint pursuant to 28 U.S.C. § 1915A(a) and issued a findings and 21 recommendations which found that while Plaintiff had stated a cognizable Eighth Amendment claim for 22 deliberate indifference to his medical needs against Defendant Veja, Plaintiff’s remaining allegations 23 failed to state a cognizable claim against any other defendant. (Doc. 31.) Accordingly, the Magistrate 24 Judge recommended that this action proceed only on Plaintiff’s Eighth Amendment claim against 25 Defendant Veja. Additionally, the Magistrate Judge advised that any parties intending to file objections 26 must file the objections within twenty one days following service of the findings and recommendations. 27 (Id.) Neither party filed objections to the findings and recommendations. 28 In accordance with 28 U.S.C. § 636(b)(1) and Local Rule 302, the Court has conducted a de novo 1 Dockets.Justia.com 1 review of this case. Having carefully reviewed the entire file, the Court finds the findings and 2 recommendations to be supported by the record and proper analysis. 3 Accordingly, it is HEREBY ORDERED that: 4 1. The findings and recommendations issued November 18, 2011, are adopted in full; 5 2. Plaintiff’s claims against Defendants John Doe Chief Medical Officer, Dr. Hemela, Dr. 6 Ashby, Dr. Klang and John Doe Correctional Officer are DISMISSED with prejudice 7 for failure to state a claim; and 8 3. 9 10 This action shall proceed on Plaintiff’s claim against Defendant Veja for deliberate indifference to his medical needs in violation of the Eighth Amendment. IT IS SO ORDERED. 11 12 Dated: 0m8i78 December 23, 2011 CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2