(PC) Suggett v. Solano County Justice Center ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAYLA SUGGETT, No. 2:23-cv-1353 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SOLANO COUNTY JUSTICE CENTER, et al., 15 Defendants. 16 17 18 Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action 19 pursuant to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends 20 dismissal of the claims found not potentially colorable in the September 27, 2023 order screening 21 plaintiff’s original complaint. 22 On September 27, 2023, the undersigned found that plaintiff’s complaint stated potentially 23 colorable claims for relief against defendants Wellpath Medical and Wong for allegedly violating 24 plaintiff’s right to privacy, and against defendants Wellpath Medical, Wong, Roesler and Nevarez 25 for allegedly violating plaintiff’s right to adequate medical/mental health care. (ECF No. 5.) 26 In the September 27, 2023 order, the undersigned found that the following claims were 27 not potentially colorable: 1) all claims against defendant Solano County Justice Center; 2) claims 28 alleging defendant Hagen disregarded plaintiff’s grievances and violated the Health Insurance 1 Portability and Accountability Act (“HIPAA”); 3) HIPAA claim against defendant Wellpath 2 Medical; 4) claim alleging defendant Hagen violated plaintiff’s right to adequate medical care 3 when he found plaintiff’s grievances requesting Adderall unfounded; 5) claim against defendant 4 Wellpath Medical for denial of plaintiff’s grievances requesting Adderall; and 6) claims against 5 defendant Pillay. (Id.) 6 On October 30, 2023, plaintiff returned the Notice of Election form. (ECF No. 10.) In 7 this form, plaintiff indicated that she opted to proceed on the claims found potentially colorable in 8 the September 27, 2023 order. (Id.) Plaintiff did not mark the section of the Notice of Election 9 form indicating that she consented to dismissal of those claims found not potentially colorable in 10 the September 27, 2023 order. (Id.) 11 Accordingly, for the reasons stated in the September 27, 2023 order, the undersigned 12 herein recommends dismissal of those claims found not potentially colorable in that order. The 13 undersigned separately orders service of the potentially colorable claims. 14 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a 15 district judge to this action; and 16 IT IS HEREBY RECOMMENDED that the following claims raised in the original 17 complaint be dismissed: 1) all claims against defendant Solano County Justice Center; 2) claims 18 alleging defendant Hagen disregarded plaintiff’s grievances and violated HIPPA; 3) HIPAA 19 claim against defendant Wellpath Medical; 4) claim alleging defendant Hagen violated plaintiff’s 20 right to adequate medical care when he found plaintiff’s grievances requesting Adderall 21 unfounded; 5) claim against defendant Wellpath Medical for denial of plaintiff’s grievances 22 requesting Adderall; and 6) claims against defendant Pillay. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 28 //// 1 | failure to file objections within the specified time may waive the right to appeal the District 2 | Court’s order. Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 3 || Dated: November 2, 2023 ' Foci) Aharon 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 6 7 8 9 Sugg 1353.56 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28