(PC) Woodham v. Subia et al, No. 2:2009cv00082 - Document 40 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 9/10/2010 ORDERING that the 39 findings and recommendations filed July 29, 2010, are adopted in full. Defendants' 23 motion to dismiss, filed on January 19, 2010 is granted in part and denied in par t: Granted as to defendant Soltanian-Zadeh on plaintiff's claims regarding his stent and kidney-related claims and these claims are dismissed as administratively unexhausted; Denied as to plaintiff'sclaims of inadequate medical care against defendant Soltanian-Zadeh regarding plaintiff's left ankle condition; Granted as to defendants Cook and Wohlers and the claims against these defendants are dismissed as not exhausted administratively; Denied as to plaintiff's claims of deliberate indifference to plaintiff's medical needs on August 23, 2007, alleged against defendants Dator and Stormes; Granted as to defendant Williams. (Duong, D)
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(PC) Woodham v. Subia et al Doc. 40 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GENE WOODHAM, Plaintiff, 11 vs. 12 13 No. CIV S-09-0082 WBS GGH P RN DATOR, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 29, 2010, the magistrate judge filed findings and recommendations herein 19 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty days. Neither party has filed 22 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed July 29, 2010, are adopted in full; 2 2. Defendants’ motion to dismiss, filed on January 19, 2010 (docket # 23) is 3 granted in part and denied in part: 4 5 a) Granted as to defendant Soltanian-Zadeh on plaintiff’s claims regarding his stent and kidney-related claims and these claims are dismissed as administratively unexhausted; 6 7 b) Denied as to plaintiff’s claims of inadequate medical care against defendant Soltanian-Zadeh regarding plaintiff’s left ankle condition; 8 9 c) Granted as to defendants Cook and Wohlers and the claims against these defendants are dismissed as not exhausted administratively; 10 11 d) Denied as to plaintiff’s claims of deliberate indifference to plaintiff’s medical needs on August 23, 2007, alleged against defendants Dator and Stormes; 12 13 e) Granted as to defendant Williams. DATED: September 10, 2010 14 15 16 17 18 19 wood0082.CJRA 20 21 22 23 24 25 26 2