(PC) Doxie v. McDonald et al, No. 2:2014cv01977 - Document 13 (E.D. Cal. 2014)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/21/2014 ORDERING that service is appropriate for C. McDonald; the Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission; and the Clerk shall assign a district judge to this action; RECOMMENDING that all remaining defendants be dismissed from this action with prejudice. Assigned and Referred to District Judge William B. Shubb; Objections due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH DOXIE, 12 13 14 15 No. 2:14-cv-1977 CKD P Plaintiff, v. ORDER AND C. McDONALD, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed 18 pursuant to 42 U.S.C. § 1983. Before the court for screening is plaintiff’s first amended 19 complaint (“FAC”). (ECF No. 12.) 20 Plaintiff alleges that, in February 2014, he was sent to the medical clinic at California 21 State Prison-Solano to be evaluated because he was suffering flu-like symptoms of vomiting and 22 diarrhea. Defendant McDonald, a Registered Nurse, examined plaintiff and learned of his 23 medical history, including a previous bout of Valley Fever. McDonald “medically ordered 24 Plaintiff rehoused to isolation” instead of contacting the Public Health Nurse, as should have been 25 done under the circumstances. Between February 26 and March 2, 2014, plaintiff was housed in 26 isolation, “which was not a hospital setting . . . [and so] was left without care or treatment for his 27 symptoms.” His condition worsened until he was brought before the Public Health Nurse and 28 treated for dehydration and other symptoms on March 2, 2014. (ECF No. 12 at 3-5.) Defendant 1 1 Mann was a Supervising Registered Nurse who prepared a response to plaintiff’s administrative 2 appeal on this issue. (Id. at 31-32.) 3 Liberally construing the amended complaint, the court concludes that plaintiff states a 4 cognizable claim under 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) as to defendant McDonald. 5 If the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to 6 prevail on the merits of this action. 7 In accordance with the above, IT IS HEREBY ORDERED that: 8 1. Service is appropriate for the following defendants: C. McDonald. 9 2. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an 10 instruction sheet and a copy of the amended complaint filed October 10, 2014. 11 3. Within thirty days from the date of this order, plaintiff shall complete the attached 12 Notice of Submission of Documents and submit the following documents to the court: 13 a. The completed Notice of Submission of Documents; 14 b. One completed summons; 15 c. One completed USM-285 form for each defendant listed in number 1 above; 16 and 17 d. Two copies of the endorsed amended complaint filed October 10, 2014. 18 4. Plaintiff need not attempt service on defendant and need not request waiver of service. 19 Upon receipt of the above-described documents, the court will direct the United States Marshal to 20 serve the above-named defendant pursuant to Federal Rule of Civil Procedure 4 without payment 21 of costs; and 22 5. The Clerk of Court shall assign a district judge to this action. 23 IT IS HEREBY RECOMMENDED that all remaining defendants be dismissed from this 24 action with prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings 2 1 and Recommendations." Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 Dated: November 21, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 2 /doxi1977.1amd.new 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH DOXIE, 12 13 14 No. 2:14-cv-1977 CKD P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS C. McDONALD, et al., 15 Defendants. 16 17 18 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Complaint 22 23 DATED: 24 25 26 27 ________________________________ 28 Plaintiff 4
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