(PC) Navarro v. StClair et al

Filing 16

ORDER ADOPTING 13 Findings and Recommendations, signed by District Judge Dale A. Drozd on 10/1/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GILBERT NAVARRO,

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Plaintiff,

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No. 1:20-cv-00524-NONE-SKO (PC)

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
J. STCLAIR, et al.,

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(Doc. No. 13)

Defendants.

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Plaintiff Gilbert Navarro is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 17, 2020, the assigned magistrate judge filed a screening order, finding that

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plaintiff’s first amended complaint (Doc. No. 8) states cognizable claims of deliberate

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indifference against the defendants in their individual capacities but not in their official

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capacities. (Doc. No. 10.) The magistrate judge directed plaintiff to file a second amended

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complaint curing the deficiencies in his pleading or to notify the court of his desire to proceed

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only on the individual-capacity claims. (Id. at 1, 4.) On August 26, 2020, Plaintiff filed a notice

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that he wishes to “dismiss[] his official capacity claims, further standing by the remainder of his

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claims … in the ‘First Amended Complaint.’” (Doc. No. 11.)

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Accordingly, on August 31, 2020, the magistrate judge filed findings and

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recommendations, recommending that plaintiff’s official-capacity claims be dismissed. (Doc.

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No. 13.) The findings and recommendations were served on plaintiff and provided him fourteen

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(14) days to file objections thereto. (Id. at 1-2.) Plaintiff has not filed any objections and the time

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to do so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of this case. Having carefully reviewed the file, the court finds the findings and

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recommendations to be supported by the record and proper analysis.

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Accordingly,
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The findings and recommendations issued on August 31, 2020 (Doc. No. 13) are
adopted in full;

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2.

Plaintiff’s official-capacity claims are dismissed; and,

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3.

This case is referred back to the assigned magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

October 1, 2020
UNITED STATES DISTRICT JUDGE

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