Jorgenson v. Moore

Full title: PAUL JORGENSON, Plaintiff, v. THOMAS MOORE, M.D. et al., Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Aug 31, 2018

Case No. 1:17-cv-00817-LJO-EPG (PC) (E.D. Cal. Aug. 31, 2018)

Opinion

Case No. 1:17-cv-00817-LJO-EPG (PC)

08-31-2018

PAUL JORGENSON, Plaintiff, v. THOMAS MOORE, M.D. et al., Defendants.

Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NOS. 19 & 20)

Paul Jorgenson ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this action. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On July 20, 2018, Magistrate Judge Erica P. Grosjean entered findings and recommendations, recommending that this action proceed on Plaintiff's Federal Tort Claims Act ("FTCA") "claim against the United States, his Eighth Amendment Bivens claim against the four unknown correctional officers, and his state tort claims for medical negligence and battery against Defendants Haak, Randhawa, and Emanuel Medical Center." (ECF No. 20, p. 12). Judge Grosjean also recommended "that all other claims and defendants be dismissed with prejudice." (Id.).

Plaintiff was provided an opportunity to file objections to the findings and recommendations. The deadline for filing objections has passed, and Plaintiff has not filed objections or otherwise responded to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and proper analysis.

Accordingly, THE COURT HEREBY ORDERS that:

1. The findings and recommendations issued by the magistrate judge on July 20, 2018, are ADOPTED in full;

2. This case will proceed on Plaintiff's FTCA claim against the United States, his Eighth Amendment Bivens claim against the four unknown correctional officers, and his state tort claims for medical negligence and battery against Defendants Haak, Randhawa, and Emanuel Medical Center;

3. All other claims and defendants are DISMISSED;

4. The Clerk of Court is DIRECTED to reflect the dismissal of defendant Thomas Moore, M.D., on the Court's docket; and

5. This case is referred back to the magistrate judge for further proceedings.

IT IS SO ORDERED.

Dated: August 31 , 2018

/s/ Lawrence J. O'Neill

UNITED STATES CHIEF DISTRICT JUDGE