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Sims v. Casian

United States District Court, S.D. California

September 23, 2014

RONALD LEWIS SIMS, CDCR #K-38609, Plaintiff,
v.
DR. CASIAN, Defendant.

ORDER: (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; AND (2) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED.R.CIV.P.56 (ECF Doc. No. 44)

WILLIAM Q. HAYES, District Judge.

I.

PROCEDURAL BACKGROUND

Ronald Lewis Sims ("Plaintiff'), a former state inmate, proceeding pro se and in forma pauperis, has filed this civil rights action pursuant to 42 U.S.C. ยง 1983. The Court directed the United States Marshal Service to effect service of Plaintiff's First Amended Complaint ("FAC") on March 22, 2014. Defendant filed her Answer to Plaintiff's FAC on June 6, 2013. On June 20, 2014, Defendant filed a Motion for Summary Judgment pursuant to FED.R.CIV.P. 56 and for failure to exhaust administrative remedies. (ECF Doc. No. 44.)

The Court notified Plaintiff of the requirements for opposing summary judgment, including opposing a summary judgment brought on exhaustion grounds, 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). (ECF Doc. No. 45.) Plaintiff filed his Opposition, to which Defendant filed her Reply. (ECF Doc. Nos. 46, 48.)

The Court has determined that Defendant's Motion is suitable for disposition upon the papers without oral argument and that no Report and Recommendation from Magistrate Judge Jan M. Adler is necessary. See S.D. CAL. ClvLR 7.1(d)(1), 72.3(e).

II.

PLAINTIFF'S FACTUAL ALLEGATIONS[1]

In 2009, Plaintiff was housed at the Richard 1. Donovan Correctional Facility ("RJD"). ( See FAC, ECF Doc. No.6, at 3.) Plaintiff was seeking medical treatment for "back pain, knee pain and stomach problems." ( Id. ) Plaintiff was treated for these issues by Defendant, Dr. Casiano ( Id. ) However, Plaintiff claims that his conditions worsened over time due to Dr. Casian's alleged failure to provide adequate treatment. ( Id. ) Plaintiff complained to Dr. Casian that his issues were causing him pain and extending now to his "lower feet, leg and neck area." ( Id. )

On November 3, 2010, Plaintiff was given an MRI by an outside physician which showed "moderately severe chronic disc degeneration, chodromalacia of the patella, femoral thinning and bone exposure." ( ld. ) Plaintiff claims these conditions have become worse over time and Dr. Casian failed to schedule him for surgery to correct these medical issues. ( ld. ) Plaintiff alleges Dr. Casian informed him he would have to try pain medication first before he would recommend surgery. ( ld. ) Plaintiff began pain management but alleges that it "failed in giving Plaintiff needed relief' for his medical issues. ( ld. ) Plaintiff has also had physical therapy, three different pain medications, and steroid shots over a three (3) year period "with nothing helping his medical problems." ( ld. )

Plaintiff submitted several "sick call" requests to be treated and was told by an unnamed nurse that Dr. Casian would have Plaintiff evaluated by an outside physician. ( ld. ) Plaintiff was also found to have a swollen prostate gland but alleges Dr. Casian "failed to follow up" on the recommendations of the urologist. ( ld. ) As a result, Plaintiff has had "pain when urinating and extreme pain in Plaintiffs anus area." ( ld. at 6.) Plaintiff claims another inmate was experiencing the same symptoms and the other inmate was provided surgery while Plaintiff continues to be denied the same treatment. ( ld. )

III.

DEFENDANTS' MOTIONS FOR ...


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