Baker v. Cacoa et al
Filing
31
ORDER ADOPTING 24 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Certain Claims and Defendants R. Cervantes, Cuevas, Vagel, E. Beam and T. Caldwell signed by District Judge Anthony W. Ishii on 7/21/2017. (Jessen, A)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
MIKE BAKER,
Plaintiff,
10
11
12
13
v.
S. CACOA, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
Case No.: 1:15-cv-00693-AWI-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING CERTAIN
CLAIMS AND DEFENDANTS FOR THE
FAILURE TO STATE A CLAIM
(ECF Nos. 19, 20, 22, 24)
14
15
16
Plaintiff Mike Baker is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
17
On May 1, 2017, the assigned Magistrate Judge issued findings and recommendations that this
18
matter proceed only on Plaintiff’s claims against Defendants Ponce De Leon and Vasquez for
19
retaliation in violation of the First Amendment, and against Defendants Cacoa, Ponce De Leon,
20
Guizar, Vasquez, Singh and Jane Doe for deliberate indifference to serious medical needs in violation
21
of the Eighth Amendment, medical malpractice, violations of California Government Code § 845.6,
22
and negligent infliction of emotional distress. (ECF No. 24.) The Magistrate Judge further found that
23
all other claims and defendants should be dismissed for the failure to state a cognizable claim for
24
relief. Plaintiff was directed to file his objections to those findings and recommendations within thirty
25
days. That deadline has passed, and no objections have been filed.
26
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court
27
has conducted a de novo review of this case. The Court finds the findings and recommendations to be
28
supported by the record and by proper analysis.
1
1
Accordingly, it is HEREBY ORDERED that:
2
1.
The findings and recommendations filed on June 1, 2017 (ECF No. 24) are ADOPTED
2.
This action shall proceed against on Plaintiff’s claims Defendants Ponce De Leon and
3
4
in full;
5
Vasquez for retaliation in violation of the First Amendment, and against Defendants Cacoa, Ponce De
6
Leon, Guizar, Vasquez, Singh and Jane Doe for deliberate indifference to serious medical needs in
7
violation of the Eighth Amendment, medical malpractice, violations of California Government Code §
8
845.6, and negligent infliction of emotional distress;
9
3.
Defendants E. Beam, Vagel, Cuevas, T. Caldwell and R. Cervantes, and all other
10
claims, are hereby dismissed for the failure to state a cognizable claim upon which relief may be
11
granted;
12
13
14
15
4.
The Clerk of the Court is directed to update the docket and caption to reflect the
foregoing; and
5.
This matter is referred back to the assigned Magistrate Judge for further proceedings
consistent with this order.
16
17
IT IS SO ORDERED.
18
Dated: July 21, 2017
19
SENIOR DISTRICT JUDGE
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?