Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning Lamar Paschall’s amended complaint. The court allowed Eighth Amendment deliberate-indifference claims to proceed against several defendants, dismissed Amandeep Johal from the action, and dismissed the remaining claims.
Holdings
- The district court adopted the findings and recommendations in full after conducting de novo review.
- Paschall failed to state a cognizable claim against Johal, and Johal was dismissed from the action.
- The Eighth Amendment deliberate-indifference claims against Fu, Smith, Sinclair, Jane Doe, and John Doe may proceed, while the remaining claims are dismissed.
Questions Presented
- Whether the magistrate judge's findings and recommendations should be adopted after de novo review under 28 U.S.C. § 636(b)(1).
- Whether Johal should be dismissed because the amended complaint failed to state a cognizable Eighth Amendment deliberate-indifference claim against him.
- Whether the remaining noncognizable claims should be dismissed while the cognizable claims proceed.
Disposition
other
Cases Cited (1)
- Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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