Cisneros v. Moreno et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS that Plaintiff be Permitted to Proceed on Cognizable Claim and that Non-Cognizable Claims be Dismissed With Leave to Amend 10 , signed by Chief Judge Lawrence J. O'Neill on 4/23/2019. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT CISNEROS,

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Plaintiff,

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v.

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MORENO, et al.,

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Defendants.

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Case No. 1:18-cv-00628-LJO-JDP
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT PLAINTIFF BE
PERMITTED TO PROCEED ON
COGNIZABLE CLAIM AND THAT NONCOGNIZABLE CLAIMS BE DISMISSED
WITH LEAVE TO AMEND
ECF No. 10

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Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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

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On March 21, 2019, the magistrate judge screened plaintiff’s complaint. ECF No. 10.

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The magistrate judge issued findings and recommendations that (1) plaintiff has stated a failure-

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to-protect claim against defendant Moreno, (2) plaintiff’s remaining claims should be dismissed

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without prejudice, and (3) plaintiff should be granted leave to amend the complaint. Id. Plaintiff

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did not file objections to the findings and recommendations, and the time to do so has expired.

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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, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, IT IS ORDERED that:

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1. The findings and recommendations issued by the magistrate judge on March 21, 2019,

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ECF No. 10, are ADOPTED IN FULL; and

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2. Plaintiff states a failure-to-protect claim against defendant Moreno.

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3. Plaintiff’s remaining claims are dismissed without prejudice, and plaintiff is granted

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leave to amend the complaint.
4. If plaintiff files an amended complaint, defendant Moreno is not required to respond

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until the court screens the amended complaint.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 23, 2019

UNITED STATES CHIEF DISTRICT JUDGE
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