(PC) Johnson v. Beard, No. 2:2015cv01313 - Document 25 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 10/30/2018 ADOPTING 19 findings and recommendations in full. Plaintiff's claims concerning allegedly contaminated water, including any state law claims related thereto, against defendants Beard , Runnels, Stanley, Swarthout, Price, and Millard are DISMISSED without prejudice for improper joinder. Plaintiff's Eighth Amendment medical claims against defendants Brown, Rohlfing, Filice, Kreitler, Kraft, and Acquva, arising while plainti ff was housed in HDSP from 2000 to 2005, are DISMISSED as barred by the statute of limitations. Plaintiff's Eighth Amendment medical claims against defendants Dr. Naku, Dr. Mahmoud, Dr. Chen, and Dr. Collinsworth, arising from medical care provided at CSP-SOL prior to 12/13/2010, are DISMISSED as barred by the statute of limitations. Plaintiff's claims against defendant Dr. Traquina are DISMISSED without leave to amend. (Zignago, K.)

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(PC) Johnson v. Beard Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DAVID JOHNSON, 12 Plaintiff, 13 14 v. No. 2:15-cv-1313-TLN-KJN ORDER J.A. BEARD, et al., 15 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 20, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 19.) Plaintiff has 23 filed objections to the findings and recommendations. (ECF No. 24.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 20, 2018, are adopted in full; 3 2. Plaintiff’s claims concerning allegedly contaminated water, including any state law 4 claims related thereto, against defendants Beard, Runnels, Stanley, Swarthout, Price, and Millard 5 are dismissed without prejudice for improper joinder; 3. Plaintiff’s Eighth Amendment medical claims against defendants Brown, Rohlfing, 6 7 Filice, Kreitler, Kraft, and Acquva, arising while plaintiff was housed in HDSP from 2000 to 8 2005, are dismissed as barred by the statute of limitations; 9 4. Plaintiff’s Eighth Amendment medical claims against defendants Dr. Naku, Dr. 10 Mahmoud, Dr. Chen, and Dr. Collinsworth, arising from medical care provided at CSP-SOL prior 11 to December 13, 2010, are dismissed as barred by the statute of limitations; and 5. Plaintiff’s claims against defendant Dr. Traquina are dismissed without leave to 12 13 amend. 14 Dated: October 30, 2018 15 16 17 18 Troy L. Nunley United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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