(PC) Rowell v. Zamora, et al, No. 2:2014cv01888 - Document 67 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 4/23/18 ORDERING that the findings and recommendations filed 3/16/18, are ADOPTED in FULL; and Defendants' motion to dismiss 36 is GRANTED in part as follows: the official capacity cla ims against defendants Abdur Rahman, Dorothy Swingle, and David Medina are DISMISSED for failure to state a claim; the medical deliberate indifference claims based on the prescription of NSAIDs against Rahman, Swingle, and Medina are also DISMISSED for failure to state a claim; and the motion is DENIED in all other respects. (Becknal, R)
Download PDF
(PC) Rowell v. Zamora, et al Doc. 67 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN LOUIS ROWELL, 12 13 14 15 No. 2:14-cv-1888-KJM-EFB P Plaintiff, v. ORDER L.D. ZAMORA, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 16, 2018, the magistrate judge filed amended findings and recommendations, 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 16, 2018, are adopted in full; and 3 2. Defendants’ motion to dismiss (ECF No. 36) is granted in part as follows: 4 5 6 7 8 9 a. The official capacity claims against defendants Abdur Rahman, Dorothy Swingle, and David Medina are dismissed for failure to state a claim; b. The medical deliberate indifference claims based on the prescription of NSAIDs against Rahman, Swingle, and Medina are also dismissed for failure to state a claim; and c. The motion is denied in all other respects. DATED: April 23, 2018. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2