Torres v. Patel et al

Filing 17

FINDINGS and RECOMMENDATIONS to Dismiss Certain Claims and Defendants 14 , 15 , 16 , signed by Magistrate Judge Stanley A. Boone on 12/5/2018: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIGUEL TORRES.,

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Plaintiff,
v.
ISMAIL PATEL, et.al.,

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Defendants.

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Case No.: 1:18-cv-00188-LJO-SAB (PC)
FINDINGS AND RECOMMENDATIONS TO
DISMISS CERTAIN CLAIMS AND
DEFENDANTS
[ECF Nos. 14, 15, 16]
FOURTEEN-DAY DEADLINE

Plaintiff Miguel Torres is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On November 16, 2018, the Court issued a screening order granting Plaintiff leave to file a

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second amended complaint, or notify the Court within thirty days of his intent to proceed on certain

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cognizable claims. (ECF No. 15.) On December 3, 2018, Plaintiff notified the Court that he does not

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intend to file any second amended complaint, and would like to proceed on the claims found cognizable.

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(ECF No. 16.)

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Therefore, it is HEREBY RECOMMENDED that:

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1.

For the reasons explained in the Court’s November 16, 2018 screening order, this matter

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proceed against Defendants Patel, Ulit, Mansrah, Spaeth and Serda, in their individual capacities, for

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deliberate indifference in violation of the Eight Amendment; and

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2.

All other claims and defendants be dismissed from this action for the failure to state a

claim upon which relief may be granted.
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These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14)

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days after being served with these Findings and Recommendations, Plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time may

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result in the waiver of the “right to challenge the magistrate’s factual findings” on appeal. Wilkerson v.

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Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir.

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1991)).

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IT IS SO ORDERED.

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Dated:

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December 5, 2018
UNITED STATES MAGISTRATE JUDGE

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