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Diaz v. Cal. Corr. Health Care Servs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Sep 12, 2017
Consolidated Civil Case No. 16cv2244 DMS (BGS) (S.D. Cal. Sep. 12, 2017)

Opinion

Consolidated Civil Case No. 16cv2244 DMS (BGS)

09-12-2017

RONALD CARLOS DIAZ, Sr. CDCR #F-45125, Plaintiff, v. CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, et al., Defendants.


ORDER (1) ADOPTING REPORT AND RECOMMENDATION, (2) DENYING MOTION TO DISMISS, (3) GRANTING IN PART AND DENYING IN PART MOTION TO AMEND AND (4) DENYING MOTION FOR SUMMARY JUDGMENT

On August 31, 2016, Plaintiff Ronald Carlos Diaz, Sr., a state prisoner proceeding pro se, filed a Complaint Under the Civil Rights Act 42 U.S.C. § 1983. Plaintiff alleges his constitutional rights were violated while he was housed at Richard J. Donovan Correctional Facility.

On November 2, 2016, the Court dismissed Plaintiff's claims against certain Defendants. Thereafter, Plaintiff filed a motion to amend his Complaint, and the remaining Defendant Dr. F. Sidighi filed a motion to dismiss. Plaintiff has also filed a number of other miscellaneous motions, including a motion for summary judgment.

On August 10, 2017, Magistrate Judge Bernard G. Skomal issued a Report and Recommendation ("R&R") on the various pending motions, recommending that the motion to amend be granted in part and denied in part, the motion to dismiss be denied and the motion for summary judgment also be denied. No party has filed objections to the R&R, and the time for doing so has expired.

This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the R&R in its entirety. Plaintiff's motion for leave to amend is granted as to Defendant Newton and denied as to Defendant Laxamanna. Defendant Sidighi's motion to dismiss is denied, and Plaintiff's motion for summary judgment is also denied.

IT IS SO ORDERED. DATED: September 12, 2017

/s/_________

HON. DANA M. SABRAW

United States District Judge


Summaries of

Diaz v. Cal. Corr. Health Care Servs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Sep 12, 2017
Consolidated Civil Case No. 16cv2244 DMS (BGS) (S.D. Cal. Sep. 12, 2017)
Case details for

Diaz v. Cal. Corr. Health Care Servs.

Case Details

Full title:RONALD CARLOS DIAZ, Sr. CDCR #F-45125, Plaintiff, v. CALIFORNIA…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Sep 12, 2017

Citations

Consolidated Civil Case No. 16cv2244 DMS (BGS) (S.D. Cal. Sep. 12, 2017)