(PC) Crosby v. Valencia et al, No. 2:2018cv01848 - Document 21 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 3/27/19 ADOPTING 12 FINDINGS AND RECOMMENDATIONS in full; All claims other than 1) a claim arising under the Eighth Amendment against defendants Nunez and Aguilar for denial of access to medical ca re with respect to Plaintiff's mental health concerns; and 2) a claim arising under the Eighth Amendment against defendants Valencia and Nava for failure to protect Plaintiff from a substantial risk of serious physical harm by housing Plaintiff in an area where he would have to climb stairs are dismissed. All defendants other than defendants Nunez, Aguilar, Valencia and Nava are DISMISSED. Han Chang is TERMINATED. (Mena-Sanchez, L)
Download PDF
<![CDATA[
(PC) Crosby v. Valencia et al Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COURTNEY JEROME CROSBY, 12 13 14 15 No. 2:18-cv-1848 JAM CKD P Plaintiff, v. ORDER R. VALENCIA, 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 1, 2019, the magistrate judge filed findings and recommendations herein 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. Plaintiff has not 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 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 1, 2019 are adopted in full. 3 2. All claims other than 1) a claim arising under the Eighth Amendment against 4 defendants Nunez and Aguilar for denial of access to medical care with respect to plaintiff’s 5 mental health concerns; and 2) a claim arising under the Eighth Amendment against defendants 6 Valencia and Nava for failure to protect plaintiff from a substantial risk of serious physical harm 7 by housing plaintiff in an area where he would have to climb stairs are dismissed. 8 9 3. All defendants other than defendants Nunez, Aguilar, Valencia and Nava are dismissed. 10 11 12 13 DATED: March 27, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
