(PC) Jackson v. Akabike ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN JACKSON, No. 1:19-cv-01442-JLT-EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING 13 v. THAT DEFENDANT’S MOTION FOR SUMMARY JUDGMENT BE GRANTED 14 N. AKABIKE, (Docs. 42, 53) 15 Defendant. 16 17 Defendant N. Akabike filed a motion for summary judgment on September 16, 2021. 18 (Doc. 42.) Plaintiff opposed the motion (Docs. 49, 50), and the defendant filed a reply. (Doc. 51.) 19 On April 19, 2022, the assigned magistrate judge entered findings and recommendations 20 recommending that defendant’s motion be granted. (Doc. 53.) On May 16, 2022, Plaintiff filed 21 timely objections. (Doc. 54.) Defendant filed a response on May 31, 2022. (Doc. 55.) 22 According to 28 U.S.C. § 636(b)(1)(B), this court has conducted a de novo review of the 23 case, including Plaintiff’s objections and defendant’s response. Having carefully reviewed the 24 entire file, the court finds the findings and recommendations to be supported by the record and by 25 proper analysis. Contrary to Plaintiff’s assertion, the magistrate judge applied the appropriate 26 standards, including Farmer v. Brennan, 511 U.S. 825, 832 (1994), and Estelle v. Gamble, 429 27 U.S. 97, 106 (1976). See Colwell v. Bannister, 763 F.3d 1060, 1066 (9th Cir. 2014) 28 (acknowledging that Farmer provides the controlling standard for medical deliberate indifference 1 | claims). The Court also agrees with the magistrate judge’s conclusion that there is no genuine 2 | dispute of material fact going to Plaintiff's deliberate indifference claim. The closest Plaintiff 3 | comes is her assertion that she verbally complained of vomiting blood, severe pain and cramping 4 | during a visit with Defendant in February 2019 but did not receive treatment for several months. 5 | But as the magistrate judge explained: 6 Plaintiff does not submit any facts regarding Defendant’s reaction to that verbal report of pain that would suggest that Defendant was 7 aware of the serious medical need and purposefully failed to treat it. Especially in light of the multiple treatments Defendant provided 8 Plaintiff once she reported the stomach condition in writing, Plaintiff’s allegation of an earlier verbal report is not sufficient for a 9 reasonable jury to find that Defendant acted deliberate indifference to serious medical needs, rather than negligence. Estelle, 429 U.S. at 10 106 (“[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid 11 claim of medical mistreatment under the Eighth Amendment.”). 12 | (Doc. 53 at 8.) 13 Accordingly, 14 1. The findings and recommendations entered on April 19, 2022 (Doc. 53) are adopted in 15 full; 16 2. Defendant’s motion for summary judgment (Doc. 42) is granted; and 17 3. The Clerk of Court is directed to enter judgment in favor of defendant N. Akabike and 18 then to close this case. 19 20 IT IS SO ORDERED. 21 Dated: _June 16, 2022 TED STATES DISTRICT JUDGE 22 23 24 25 26 27 28