(PC) Dosio v. Odeluga et al, No. 1:2019cv00675 - Document 20 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 19 Findings and Recommendations and Dismissing Certain Claims and Defendants,signed by District Judge Dale A. Drozd on 04/29/2021. N. Odeluga (Chief Executive Officer at North Kern State Prison), A. Shitiu (Chief Physician a nd Surgeon at North Kern State Prison), S. Kernan (Secretary of California Department of Corrections and Rehabilitation) and T. Kubicki (Chief Executive Officer at North Kern State Prison) terminated. Case is Referred back to Magistrate Judge. (Maldonado, C)

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(PC) Dosio v. Odeluga et al Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELMER DOSIO, 12 No. 1:19-cv-00675-DAD-GSA (PC) Plaintiff, 13 v. 14 N. ODELUGLA, et al., 15 Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. No. 19) 16 17 18 Plaintiff Elmer Dosio is a state prisoner proceeding pro se and in forma pauperis with this 19 civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 9, 2021, the assigned magistrate judge issued findings and recommendations, 21 22 recommending that this action proceed only against defendant Licensed Vocational Nurse 23 (“LVN”) Elma Fernandez1 on plaintiff’s claim for inadequate medical care under the Eighth 24 Amendment, and that all other claims and defendants be dismissed from this action due to 25 plaintiff’s failure to state a claim. (Doc. No. 19 at 7–9.) Specifically, the magistrate judge found 26 that plaintiff’s request for declaratory relief was subsumed by his damages claim, that plaintiff is 27 28 1 Sued as E. Frandez. 1 Dockets.Justia.com 1 not entitled to attorneys’ fees because he is representing himself in this action, and that the second 2 amended complaint did not allege claims against any defendant other than LVN Fernandez. (Id. 3 at 8–9.) The findings and recommendations were served on plaintiff and contained notice that 4 any objections thereto were to be filed within fourteen (14) days after service. (Id. at 9.) The 5 time to file objections has now passed, and no objections have been filed. 6 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 304, this 7 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 8 court finds the findings and recommendations to be supported by the record and proper analysis. 9 10 Accordingly, 1. 11 12 adopted in full; 2. 3. 15 16 All other claims and defendants are dismissed from this case based on plaintiff’s failure to state a claim; 4. Plaintiff’s claims for declaratory relief and attorney’s fees are dismissed from this case based on plaintiff’s failure to state a claim; 17 18 This action shall proceed only against defendant LVN Elma Fernandez on plaintiff’s claim of inadequate medical care under the Eighth Amendment; 13 14 The findings and recommendations issued on March 9, 2021 (Doc. No. 19) are 5. The clerk is directed to reflect on the docket that defendants T. Kubicki (CEO of 19 Medical Administration), N. Odeluga (CEO of Medical Administration), Dr. A. 20 Shitiu, S. Kernan (CDCR Secretary), and Doe Defendant (CDCR Receiver), are 21 dismissed from this case due to plaintiff’s failure to name them or state any 22 cognizable claims against them in the second amended complaint; and 23 6. 24 25 26 27 This action is referred back to the assigned magistrate judge for further proceedings consistent with this order. IT IS SO ORDERED. Dated: April 29, 2021 UNITED STATES DISTRICT JUDGE 28 2

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