Opinion
CASE NO. 15cv275 - LAB (NLS)
02-03-2016
JOSEPH ANTHONY HILL, Plaintiff, v. SAN DIEGO SHERIFF'S DEPARTMENT MEDICAL SERVICES DIVISION, SAN DIEGO SHERIFF'S DEPARTMENT; UCSD MEDICAL CENTER; ALFRED JOSHUA, M.D., CHIEF MEDICAL OFFICER, SHERIFF'S DETENTION SERVICES BUREAU; WILLIAM GORE, SHERIFF SAN DIEGO COUNTY, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION (DOCKET NO. 22) GRANTING THE MOTION TO DISMISS COMPLAINT
This is a 42 U.S.C. § 1983 civil rights case. Plaintiff Joseph Anthony Hill's complaint alleges that the Defendant Dr. Alfred Joshua failed to provide follow up medical treatment after a cop shot him during an arrest. Joshua filed a motion to dismiss. Magistrate Judge Nita L. Stormes issued a report and recommendation ("R & R"), recommending the court:
(1) GRANT the motion to dismiss Hill's claim against Joshua in his personal capacity with leave to amend.
(2) GRANT the motion to dismiss Hill's claims against defendant Joshua in his official capacity without leave to amend as to Joshua but with leave to amend as to County itself, if Hill seeks to assert a Monell claim.
(3) ORDER that the case be administratively closed.(Docket No. 22 at 9)
(4) If the district judge grants leave to amend the claims against defendant Joshua, set a deadline for 30 days out after the adjudication of this R & R for Hill to file an amended complaint as to defendant Joshua.
Objections to the R & R were due on January 22, 2016. No objections were filed.
A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). This section does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).The Court has nonetheless reviewed the R & R and agrees with its rationale and conclusions.
The Court ADOPTS Judge Stormes' R & R. If Hill thinks he can amend his complaint to state a claim against Joshua in his personal capacity or if he thinks he can state a Monell claim against the County, he must do so within 30 days of this order.
IT IS SO ORDERED. DATED: February 3, 2016
/s/_________
HONORABLE LARRY ALAN BURNS
United States District Judge