Martinez v. Davey

Filing 62

ORDER ADOPTING 56 Findings and Recommendations to Dismiss Non-Cognizable Claims, signed by District Judge Anthony W. Ishii on 8/20/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICARDO MARTINEZ,

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CASE No. 1:16-cv-1658-AWI-JLT (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
NON-COGNIZABLE CLAIMS

v.
D. DAVEY, et al.,

(Doc. 56)
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302.

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On February 7, 2020, the magistrate judge filed findings and recommendations herein which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be supported
by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 7, 2020 (Doc. 56), are adopted in full;

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2. This action shall proceed on an Eighth Amendment medical indifference claim against
defendants Dr. J. Lewis and Warden D. Davey.

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3. All other claims and defendants are hereby dismissed.

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4. This matter is referred back to the magistrate judge.

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IT IS SO ORDERED.
Dated: August 20, 2020
SENIOR DISTRICT JUDGE

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