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William John Daughtery v. D. Wilson

August 19, 2011

WILLIAM JOHN DAUGHTERY,
PLAINTIFF,
v.
D. WILSON, S.D.P.D.; E. TAGABAN, S.D.P.D.; DET. LEMUS, S.D.P.D.; SGT. GRIFFIN, S.D.P.D., DEFENDANTS.



The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the Court is the Report and Recommendation of Magistrate Judge Barbara L. Major (ECF No. 173), recommending that the Court grant the Motion for Summary Judgment filed by all Defendants (ECF No. 154), and grant the Motion to Order Clerk to Return Exhibits filed by Plaintiff (ECF No. 160).

BACKGROUND

On October 23, 2009, Plaintiff William John Daughtery, a state prisoner proceeding pro se, filed the Second Amended Complaint, which is the operative pleading in this action. (ECF No. 125). Plaintiff alleges that the Defendants, four San Diego Police Department employees, failed to provide care for serious medical needs on March 9, 2006, the day of his arrest, in violation of the Fourteenth Amendment and 42 U.S.C. § 1983.

On January 7, 2011, Defendants filed the Motion for Summary Judgment. (ECF No. 154).

On January 24, 2011, Plaintiff filed an opposition to the Motion for Summary Judgment. (ECF No. 159). On the same day, Plaintiff filed a Motion to Order Clerk to Return Exhibits, requesting that certain exhibits submitted by Plaintiff with his opposition "be returned after decision on Defendants' motion ..., because Plaintiff has no other copies." (ECF No. 160).

On February 7, 2011, Defendants filed a reply brief. (ECF No. 167).

On May 9, 2011, the Magistrate Judge issued a notice pursuant to Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988) and Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc), reminding Plaintiff of the requirements for opposing a summary judgment motion and providing him with an additional opportunity to oppose Defendants' Motion for Summary Judgment. (ECF No. 170).

On May 25, 2011, Plaintiff filed an affidavit and declaration in opposition to Defendants' Motion for Summary Judgment. (ECF No. 171).

On June 1, 2011, Defendants filed a sur-reply brief. (ECF No. 172).

On July 1, 2011, the Magistrate Judge issued the Report and Recommendation. (ECF No. 173). The Report and Recommendation states:

Plaintiff has not established that he suffered a serious medical injury or had a serious medical need or that any Defendant denied him medical treatment, unreasonably delayed any medical treatment, or ignored or interfered with a doctor's orders to provide medical treatment. Rather, Defendants have established that they promptly and repeatedly brought Plaintiff before the appropriate medical personnel. Thus, no question of material fact exists as to whether Defendants were deliberately indifferent to Plaintiff's serious medical need and no reasonable jury could find for Plaintiff on this issue. Accordingly, the Court recommends that Defendants' motion for summary judgment be granted as to all Defendants.

Id. at 25 (emphasis omitted). The Report and Recommendation also recommends that the Motion for Summary Judgment be granted because Defendants are protected by qualified immunity. The Report and Recommendation recommends that Plaintiff's unopposed Motion to Order Clerk to Return Exhibits be granted. The Report and Recommendation states that "any written objections to this Report must be filed ...


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