(PC) Turner v. Douglas et al, No. 2:2009cv03445 - Document 36 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J Newman on 10/7/10: Recommending that, for the reasons stated in the September 2, 2010 order, the following claims contained in the amended complaint be dismissed: 1) defendants Jencks, Nurse Lilly, Lisa, Genine, Carolynn and Celly Chan allegedly withheld and obstructed plaintiffs grievances; 2) defendant Jencks allegedly failed to provide plaintiff with a copy of his medical records; 3) defendant Nurse Lilly allegedly prescribed Motrin; 4) during booking, plaintiff allegedly told defendant Tony that he had been in a car accident; and 5) all claims against defendants DeSilva, Owens and Prieto. Objections to F&R due within twenty-one days. (Kaminski, H)
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(PC) Turner v. Douglas et al Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY TURNER, 11 Plaintiff, 12 13 No. 2: 09-cv-3445 GEB KJN P vs. WILLIAM G. DOUGLAS, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 On September 2, 2010, the undersigned found that plaintiff’s amended complaint 16 17 stated the following colorable claims for relief: 1) defendants Jencks and Douglas allegedly 18 failed to provide pain medication; 2) defendant Valentine allegedly failed to treat plaintiff’s staph 19 infection. 20 The undersigned dismissed the following claims with leave to amend: 21 1) defendants Jencks, Nurse Lilly, Lisa, Genine, Carolynn and Celly Chan allegedly withheld and 22 obstructed plaintiff’s grievances; 2) defendant Jencks allegedly failed to provide plaintiff with a 23 copy of his medical records; 3) defendant Nurse Lilly allegedly prescribed Motrin; 4) during 24 booking, plaintiff allegedly told defendant Tony that he had been in a car accident; and 5) all 25 claims against defendants DeSilva, Owens and Prieto. Plaintiff was granted thirty days to file a 26 second amended complaint. Plaintiff was informed that he if he did not file a second amended Dockets.Justia.com 1 complaint but instead returned the service forms for the colorable claims against defendants 2 Jencks, Douglas and Valentine, the court would construe his election to proceed as a consent to 3 dismissal of his defective claims. Plaintiff did not file a second amended complaint. Instead, he submitted service 4 5 forms for his colorable claims. Accordingly, the undersigned recommends that those claims 6 found not colorable in the September 2, 2010 order be dismissed. Accordingly, IT IS HEREBY RECOMMENDED that, for the reasons stated in 7 8 the September 2, 2010 order, the following claims contained in the amended complaint be 9 dismissed: 1) defendants Jencks, Nurse Lilly, Lisa, Genine, Carolynn and Celly Chan allegedly 10 withheld and obstructed plaintiff’s grievances; 2) defendant Jencks allegedly failed to provide 11 plaintiff with a copy of his medical records; 3) defendant Nurse Lilly allegedly prescribed 12 Motrin; 4) during booking, plaintiff allegedly told defendant Tony that he had been in a car 13 accident; and 5) all claims against defendants DeSilva, Owens and Prieto. 14 These findings and recommendations are submitted to the United States District 15 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 16 one days after being served with these findings and recommendations, plaintiff may file written 17 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 18 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 19 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 20 F.2d 1153 (9th Cir. 1991). 21 DATED: October 7, 2010 22 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 23 24 25 26 tur3445.fr