(PC) Foster v. Kaweah Delta Medical Center ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY TYRONE FOSTER, Case No. 1:21-cv-01044 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL 13 v. (Doc. 48) 14 KAWEAH DELTA MEDICAL CENTER and KENNY DERKANG LEE, 15 Defendants. 16 17 The magistrate judge issued Findings and Recommendations in this matter, 18 recommending that the Court grant Defendants’ motion for summary judgment and deny 19 Plaintiff’s motion for summary judgment because there is no genuine dispute of material fact that 20 Defendants were not deliberately indifferent to Plaintiff’s serious medical condition. (See Doc. 21 48.) In the same order, the magistrate judge granted Defendants’ request for judicial notice and 22 denied Plaintiff’s request for judicial notice. On June 20, 2023, Plaintiff filed objections to both 23 the Findings and Recommendations and the order denying his request for judicial notice. (See 24 Doc. 51). 25 According to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this 26 case. Having carefully reviewed the entire file, the Court finds the Findings and 27 Recommendations to be supported by the record and by proper analysis. 28 As the magistrate judge correctly noted, the undisputed facts reflect that Defendant Lee 1 | provided extensive medical care for Plaintiff's identified injuries, and there is no indication that 2 | he was deliberately indifferent to Plaintiff's serious medical need. (Doc. 48 at 20.) Plaintiff 3 | contends that an Exhibit C he purportedly attached to his June 27, 2022 Ex Parte Motion for 4 | Clarification contains medical records and second opinions that refute Defendants’ account, and 5 | that the magistrate judge “ignored deliberately” this evidence. (Doc. 51 at 2-4.) The Court notes 6 | that Plaintiff?s Ex Parte Motion contains two exhibits titled “Exhibit C.” (See Doc. 44 at 24-52.) 7 | The first Exhibit C includes, inter alia, a one-page document titled “CPOE Order Session 8 | Summary Report,” but no other medical records. (Doc. 44 at 34.) The second Exhibit C, as the 9 | magistrate judge noted, contains a copy of a grievance he filed related to law library access at 10 | CSP Corcoran, and the Office of Grievances’ response. (/d. at 49-52.) Neither exhibit contains 11 | medical records that dispute the magistrate judge’s finding that Defendant Lee was not 12 | deliberately indifferent to Plaintiff's serious medical needs. 13 Plaintiff does not otherwise articulate a basis for rejecting the magistrate judge’s findings 14 | as to Dr. Lee. Because the Court agrees with the magistrate judge’s finding that summary 15 | judgment is appropriate as to Plaintiff's claim against Dr. Lee, there is no basis for a Monell claim 16 | against Defendant Kaweah Delta Medical Center. Scott v. Henrich, 39 F.3d 912, 916 (9th Cir. 17 | 1994) (holding that “municipal defendants cannot be held liable because no constitutional 18 || violation occurred”); see also City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986) (finding if 19 | no individual claim against police officer remains, then no liability on city and the Police 20 | Commission). Accordingly, the objections fail to establish a basis for rejecting the magistrate 21 | judge’s findings and recommendations. Thus, the Court ORDERS: 22 1. The Findings and Recommendations, issued on May 4, 2023 (Doc. 48), are 23 ADOPTED IN FULL. 24 2. The Clerk of Court shall terminate any pending motions, close this case, and enter 25 judgment against Plaintiff. 26 7 IT IS SO ORDERED. 2g | Dated: _September 22, 2023 Charis [Tourn 4 TED STATES DISTRICT JUDGE