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Anaya v. Campbell

United States District Court, E.D. California
Oct 2, 2008
No. CIV S-07-0029 GEB GGH P (E.D. Cal. Oct. 2, 2008)

Opinion

No. CIV S-07-0029 GEB GGH P.

October 2, 2008


FINDINGS RECOMMENDATIONS


Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On July 23, 2008, the court recommended that plaintiff's motions for injunctive relief filed June 16, 2008, and June 25, 2008, be denied. In these motions plaintiff claimed, in part, that he should be granted single cell status.

In the July 10, 2008, opposition to plaintiff's motions for injunctive relief, defendants attached the July 11, 2008, declaration of N. Acquaviva, the Health Care Manager at High Desert State Prison (HDSP). According to N. Acquaviva, mental health staff determined that plaintiff did not require a single cell based on his mental condition. In addition, medical staff also determined that plaintiff did not require a single cell.

In his objections to the findings and recommendations, plaintiff claimed that on July 1, 2008, HDSP psychiastrist "Collety" recommended plaintiff for single cell status. Plaintiff also claimed that on July 14, 2008, Dr. Seavere of HDSP also recommended plaintiff for single cell status.

On August 13, 2008, the court vacated the portion of the July 23, 2008, findings and recommendations addressing plaintiff's need for single cell status. The court ordered defendant to respond within ten days to plaintiff's claim that he had been recommended for single cell status.

On August 21, 2008, defendants filed briefing stating that on August 4, 2008, the Chief Medical Officer (CMO) at High Desert State Prison had prepared a chrono stating that plaintiff required single cell status due to his medical problems. On September 5, 2008, the court ordered defendants to inform the court whether the CMO's recommendation had been adopted. On September 12, 2008, defendants informed the court that plaintiff is single celled.

Because plaintiff is now single celled, the court recommends that his request for single cell status be denied as moot.

Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's request for single cell status, contained in his June 16, 2008, and June 25, 2008, motions for injunctive relief, be denied as moot.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within ten days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


Summaries of

Anaya v. Campbell

United States District Court, E.D. California
Oct 2, 2008
No. CIV S-07-0029 GEB GGH P (E.D. Cal. Oct. 2, 2008)
Case details for

Anaya v. Campbell

Case Details

Full title:RICHARD ERNEST ANAYA, Plaintiff, v. ROSEANNE CAMPBELL, et al., Defendants

Court:United States District Court, E.D. California

Date published: Oct 2, 2008

Citations

No. CIV S-07-0029 GEB GGH P (E.D. Cal. Oct. 2, 2008)