Soria v. Zuniga et al
Filing
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ORDER ADOPTING 10 Findings and Recommendations to Proceed Only on Cognizable Claims and to Dismiss With Prejudice All Other Claims and Defendants signed by Chief Judge Lawrence J. O'Neill on 12/18/2019. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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STEVEN SORIA,
CASE NO. 1:18-cv-0635-LJO-JLT (PC)
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Plaintiff,
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v.
RAFEL ZUNGIA, et al.,
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(Doc. 10)
Defendants.
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO PROCEED
ONLY ON COGNIZABLE CLAIMS AND
TO DISMISS WITH PREJUDICE ALL
OTHER CLAIMS AND DEFENDANTS
Plaintiff, a federal prisoner proceeding pro se, has filed this civil rights action seeking
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relief under 42 U.S.C. § 1983. 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 October 1, 2019, the magistrate judge filed findings and recommendations herein
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which were served on plaintiff and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has not filed
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objections to the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed October 1, 2019, are adopted in full;
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2. Plaintiff’s first amended complaint states a cognizable Eighth Amendment medical
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indifference claim against defendants Lt. Herron, Camp Administrator Allison, Dr. Morales, and
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Case Manager Coordinator R. Gonzales. All other claims and defendants are hereby dismissed
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with prejudice; and
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3. This matter is referred back to the magistrate judge for further proceedings consistent
with this order.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
December 18, 2019
UNITED STATES CHIEF DISTRICT JUDGE
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