(PC) Sekona v. Horowitz et al, No. 2:2017cv02479 - Document 33 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge John A. Mendez on 10/6/20 ADOPTING 31 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 26 Motion to Dismiss. Plaintiff's first claim of medical indifference relating to his 2014 concussion is dismissed with prejudice. This action shall proceed solely on the second claim that Defendant Dr. E. Horowitz denied plaintiff access to a cane or walker and further medical treatment. (Kaminski, H)
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(PC) Sekona v. Horowitz et al Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ETUATE SEKONA, 12 No. 2:17-CV-2479-JAM-DMC-P Plaintiff, 13 v. 14 E. HOROWITZ, ORDER 15 Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On September 1, 2020, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. Timely objections to the findings and 23 recommendations have been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 304(f), this Court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the Court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 1, 2020, are adopted in 2. Defendant’s motion to dismiss (ECF No. 26) is granted in part and denied 3. Plaintiff’s first claim of medical indifference relating to his 2014 3 full; 4 5 6 7 8 9 in part; concussion is dismissed with prejudice; and 4. This action shall proceed solely on the second claim that Defendant Dr. E. Horowitz denied plaintiff access to a cane or walker and further medical treatment. 10 11 12 DATED: October 6, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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