Berg v. Guerra et al

Filing 23

ORDER Adopting 16 Findings and Recommendations, signed by District Judge Dale A. Drozd on 1/6/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON BERG,

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No. 1:14-cv-01112-DAD-EPG
Plaintiff,

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

I. GUERRA et al.,
(Doc. No. 16)
Defendants.

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Plaintiff Jason Berg is a state prisoner proceeding pro se in this civil rights action filed

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pursuant to 42 U.S.C. § 1983. This case now proceeds on plaintiff’s first amended complaint filed

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on October 26, 2015. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 29, 2016, the assigned magistrate judge issued findings and recommendations,

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recommending that this action proceed only against defendant Michael Vu on plaintiff’s claims

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for violations of substantive and procedural due process, and against defendants I. Guerra and A.

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Salzman on plaintiff’s claim alleging a failure to provide medical treatment. The assigned

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magistrate judge further recommended that all other claims and defendants be dismissed from this

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action based on plaintiff’s failure to state cognizable claims. (Doc. No. 16.) Plaintiff was

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provided an opportunity to file objections to the findings and recommendations within thirty days.
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Plaintiff filed objections to the findings and recommendations on September 1, 2016. (Doc. No.

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19.)

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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including plaintiff’s objections, the court finds the findings and recommendations to be supported

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by the record and proper analysis.

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Accordingly,

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1. The July 29, 2016 findings and recommendations (Doc. No. 16) are adopted in

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full;

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2. This action now proceeds on the following claims under 42 U.S.C. § 1983 in

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plaintiff’s first amended complaint (Doc. No. 12): (1) against defendant Michael

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Vu based on alleged violations of substantive and procedural due process, and (2)

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against defendants I. Guerra and A. Salzman based on alleged failure to provide

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medical treatment in the form of physical therapy; and

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3. All remaining claims and defendants are dismissed from this action.
IT IS SO ORDERED.
Dated:

January 6, 2017
UNITED STATES DISTRICT JUDGE

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