(PC) Jorgenson v. United States of America ( 2020 )


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  • 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 PAUL JORGENSON, Case No. 1:17-cv-00817-NONE-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, 11 RECOMMENDING THAT PLAINTIFF’S v. MOTION FOR RELEASE BE DENIED 12 WITHOUT PREJUDICE RICHARD B. HAAK, M.D., et al., 13 (ECF NO. 115) Defendants. 14 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 15 ORDER DIRECTING CLERK TO SEND 16 PLAINTIFF A 28 U.S.C. § 2241 PETITION FORM 17 18 Paul Jorgenson (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 19 pauperis in this action. This case now proceeds on Plaintiff’s Second Amended Complaint 20 (“SAC”), which was filed on July 12, 2018. (ECF No. 19). This case is proceeding on 21 Plaintiff’s state tort claims for medical negligence against Defendants Haak, Randhawa, and 22 Emanuel Medical Center (“Defendants”), and his state tort claims for battery against 23 Defendants Haak and Emanuel Medical Center. (ECF No. 21, p. 2; ECF No. 95, p. 3; ECF No. 24 104, p. 2; ECF No. 105, p. 2). 25 On April 15, 2020, Plaintiff filed a motion for release due to issues with a parole 26 hearing and in light of Covid-19. (ECF No. 115). 27 This case is only proceeding on state law claims against two medical professionals and 28 a hospital. Plaintiff’s motion for release is not related to any of the claims proceeding in this wow 4:48 OYUVOLEOINMINE ES 2 a er PAY OV 1 ||case. Moreover, none of the named defendants have the authority to release Plaintiff from 2 || prison. 3 Accordingly, IT IS RECOMMENDED that Plaintiff's motion for release be denied, 4 || without prejudice to Plaintiff filing another action. Although the Court has not thoroughly 5 || analyzed Plaintiff’s request for relief, if Plaintiff wishes to file another action based on the 6 |} allegations in that request, he may consider filing a habeas petition pursuant to 28 U.S.C. § 7 in this district or a motion pursuant to 18 U.S.C. § 3582(c) before the sentencing court. 8 These findings and recommendations are submitted to the United States district judge 9 || assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)d). Within fourteen 10 || (14) days after being served with these findings and recommendations, any party may file 11 || written objections with the court. Such a document should be captioned “Objections to 12 || Magistrate Judge’s Findings and Recommendations.” Any reply to the objections shall be 13 |] served and filed within seven (7) days after service of the objections. The parties are advised 14 || that failure to file objections within the specified time may result in the waiver of rights on 15 appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 16 F.2d 1391, 1394 (9th Cir. 1991)). 17 Additionally, the Clerk of Court is directed to send Plaintiff a 28 U.S.C. § 2241 petition 18 19 50 IT IS SO ORDERED. Dated: _ April 16, 2020 [Je hey — 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28

Document Info

Docket Number: 1:17-cv-00817

Filed Date: 4/17/2020

Precedential Status: Precedential

Modified Date: 6/19/2024