United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF
No. 61) FOURTEEN DAY OBJECTION DEADLINE
MICHAEL J. SENG, Magistrate Judge.
I. PROCEDURAL HISTORY
Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. (ECF Nos. 1, 19, 24.) This matter proceeds against Defendant Loadholt on Plaintiff's First Amendment retaliation claim. (ECF No. 31.)
On July 10, 2014, Defendant filed a motion for summary judgment. (ECF No. 61-2.) Plaintiff filed an opposition (ECF No. 66) and a response to Defendant's statement of undisputed material facts. (ECF No. 67). Defendant filed a reply on October 28, 2014 (ECF No. 72.)
II. LEGAL STANDARD
Any party may move for summary judgment, and the Court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a); Wash. Mut. Inc. v. United States, 636 F.3d 1207, 1216 (9th Cir. 2011). Each party's position, whether it be that a fact is disputed or undisputed, must be supported by (1) citing to particular parts of materials in the record, including but not limited to depositions, documents, declarations, or discovery; or (2) showing that the materials cited do not establish the presence or absence of a genuine dispute or that the opposing party cannot produce admissible evidence to support the fact. Fed R. Civ. P. 56(c)(1). The Court may consider other materials in the record not cited to by the parties, but it is not required to do so. Fed.R.Civ.P. 56(c)(3); Carmen v. San Francisco Unified Sch. Dist., 237 F.3d 1026, 1031 (9th Cir. 2001).
Plaintiff bears the burden of proof at trial, and to prevail on summary judgment, he must affirmatively demonstrate that no reasonable trier of fact could find other than for him. Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007). Defendants do not bear the burden of proof at trial and, in moving for summary judgment, they need only prove an absence of evidence to support Plaintiff's case. In re Oracle Corp. Securities Litigation, 627 F.3d 376, 387 (9th Cir. 2010).
In judging the evidence at the summary judgment stage, the Court may not make credibility determinations or weigh conflicting evidence, Soremekun, 509 F.3d at 984, and it must draw all inferences in the light most favorable to the nonmoving party and determine whether a genuine issue of material fact precludes entry of judgment, Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, 657 F.3d 936, 942 (9th Cir. 2011). However, "conclusory, speculative testimony in affidavits and moving papers is insufficient to raise genuine issues of fact and defeat summary judgment." Angle v. Miller, 673 F.3d 1122, 1134 n.6 (9th Cir. 2012) (citing Soremekun, 509 F.3d at 984).
III. FACTUAL SUMMARY
Based upon review and analysis of the parties' respective briefings, the Court concludes that there is no substantial dispute as to any of the following facts:
Plaintiff, who is incarcerated at CSP Corcoran, has a history of myocardial infarction with stent placement and receives chronic care for cholesterol management, hypertension, dyslipidemia, and coronary artery disease. (ECF No. 67, at 2).
Defendant Loadholt is a Family Nurse Practitioner (FNP) at CSP Corcoran. (ECF No. 67, at 2.)
On February 25, 2008, shortly after Martin was transferred to Corcoran, updated prescriptions were ordered for his various conditions. Defendant Loadholt was not the health care provider who updated the prescriptions. The new order changed the cholesterol drug Plaintiff was taking from Lipitor to Simvastatin. The ...