(PC) Hernandez v. Marcelo, et al.

Filing 49

FINDINGS and RECOMMENDATIONS to Dismiss 1 Certain Claims with Prejudice, signed by Magistrate Judge Jennifer L. Thurston on 04/27/2021. Referred to Judge Unassigned DJ. Objections to F&R Due Within Fourteen-Days. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARINO ANTONIO HERNANDEZ,

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Plaintiff,
v.
J. MARCELO, et al.,

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Defendants.

Case No. 1:19-cv-01219-NONE-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS CERTAIN CLAIMS WITH
PREJUDICE
(Doc. 1)
14-DAY DEADLINE

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Previously, the Court dismissed, with leave to amend, Plaintiff’s official-capacity

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deliberate indifference, Americans with Disabilities Act, and Rehabilitation Act claims. (Doc.

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46.) The Court dismissed, without leave to amend, Plaintiff’s individual-capacity ADA and RA

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claims. (Id.). The Court allowed Plaintiff’s individual-capacity deliberate indifference claims to

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proceed. (Id.)

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On April 14, 2021, Plaintiff filed a notice that he wishes to proceed only on the

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individual-capacity deliberate indifference claims and to dismiss all other claims with prejudice.

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(Doc. 48.) Accordingly, for the reasons set forth in the findings and recommendations (Doc. 35)

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and the order adopting the findings and recommendations (Doc. 46), the Court RECOMMENDS

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that Plaintiff’s official-capacity deliberate indifference, ADA, and RA claims be DISMISSED

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with prejudice.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of

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service of these Findings and Recommendations, Plaintiff may file written objections with the

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Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and

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Recommendations.” Failure to file objections within the specified time may result in waiver of

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rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v.

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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

April 27, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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