(PC) Cortinas v. Gates et al, No. 1:2019cv01709 - Document 21 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 19 Findings and Recommendations and Dismissing Action, signed by District Judge Dale A. Drozd on 12/4/2020. CASE CLOSED. (Marrujo, C)

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(PC) Cortinas v. Gates et al Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS 12 Plaintiff, 13 v. 14 S. GATES, et al., 15 No. 1:19-cv-01709-DAD-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION Defendants. (Doc. No. 19) 16 17 18 Plaintiff Larry William Cortinas is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred 20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 15, 2020, the assigned magistrate judge issued findings and 22 recommendations, recommending that this action be dismissed due to plaintiff’s failure to state a 23 cognizable claim upon which relief may be granted. (Doc. No. 19.) The findings and 24 recommendations found that plaintiff’s allegations that defendants denied his inmate grievances 25 and refused to conduct interviews in response to those grievances failed to establish a cognizable 26 claim under the Eighth Amendment. (Id. at 5.) Given that plaintiff had received two prior 27 opportunities to amend his complaint(see Doc. Nos. 12, 14), the findings and recommendations 28 determined that further amendment would be futile. (Doc. No. 19 at 1, 6.) 1 Dockets.Justia.com 1 The findings and recommendations were served on plaintiff and contained notice that any 2 objections thereto were to be filed within twenty-one (21) days from the date of service. (Id.) 3 Plaintiff filed objections on November 6, 2020. (Doc. No. 20.) In his objections, plaintiff 4 contends that defendant Gates must have known of plaintiff’s pain given plaintiff’s medical 5 records as well as his personal letters sent to defendant Gates. (Id. at 1–2.) Plaintiff also argues 6 that he should not have to resort to use of illegal drugs in prison in order to obtain relief from his 7 pain. (Id. at 3.) The court finds the conclusion reached in the findings and recommendations that 8 plaintiff has failed to allege facts demonstrating that the actions or inactions of defendants Gates 9 or Lewis caused the harm or deprivation of which plaintiff complains (Doc. No. 19 at 5), to be 10 correct. In addition, the pending findings and recommendations also correctly note that plaintiff 11 lacks a constitutional entitlement to a specific inmate grievance procedure and that his claim 12 based upon the handling and denial of his inmate appeals is not cognizable. 13 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 14 de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s 15 objections, the court finds the findings and recommendations to be supported by the record and 16 proper analysis. 17 Accordingly, 18 1. 19 20 adopted in full; 2. 21 22 23 24 25 The findings and recommendations issued on October 15, 2020 (Doc. No. 19) are This action is dismissed with prejudice due to plaintiff’s failure to state a claim on which relief can be granted; and, 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: December 4, 2020 UNITED STATES DISTRICT JUDGE 26 27 28 2

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