(PC) Bahena v. Rohrdanz et al
ORDER ADOPTING 16 Findings and Recommendations; ORDER DISMISSING the claims against Defendants: Palma and Teresiah; ORDERED that this case be referred back to the assigned Magistrate Judge,signed by District Judge Dale A. Drozd on 1/7/2021. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ESMELING L. BAHENA,
ORDER ADOPTING FINDINGS AND
D. ROHRDANZ, et al.,
No. 1:20-cv-00618-NONE-SKO (PC)
(Doc. No. 16)
Plaintiff Esmeling L. Bahena is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 24, 2020, the assigned magistrate judge filed a screening order, finding that
plaintiff’s complaint states cognizable claims of deliberate indifference against Defendants
Rohrdanz and Manhas but not against the remaining defendants. (Doc. No. 11). The magistrate
judge directed plaintiff to file a first amended complaint curing the deficiencies in his pleading or
to notify the court of his desire to proceed only on the claims found cognizable. (Id. at 1, 8.) On
October 29, 2020, plaintiff filed a “notice to proceed only on Defendants Rohrdanz and Manhas.”
(Doc. No. 14.)
Accordingly, on November 3, 2020, the magistrate judge issued findings and
recommendations, recommending that Defendants Palma and Teresiah and the claims against
these defendants be dismissed. (Doc. No. 16.) The findings and recommendations were served
on plaintiff and provided him 14 days to file objections thereto. (Id. at 2.) Plaintiff has not filed
any objections and the time to do so has passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
de novo review of this case. Having carefully reviewed the file, the court finds the findings and
recommendations to be supported by the record and proper analysis.
adopted in full;
The findings and recommendations issued on November 3, 2020 (Doc. No. 16) are
Defendants Palma and Teresiah, and the claims against these defendants, are
This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
January 7, 2021
UNITED STATES DISTRICT JUDGE
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