(PC) Wallace v. California Department of Corrections & Rehabilitation et al
ORDER ADOPTING 22 Findings and Recommendations signed by District Judge Dale A. Drozd on 1/8/2021. (Sant Agata, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
WILLIAM JAMES WALLACE, II,
No. 1:20-cv-00905-NONE-JLT (PC)
ORDER ADOPTING FINDINGS AND
CALIFORNIA DEPARTMENT OF
REHABILITATION, et al.,
(Doc. No. 22)
Plaintiff William James Wallace 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 October 22, 2020, the assigned magistrate judge issued a screening order, finding that
plaintiff’s complaint states cognizable claims against Defendant California Department of
Corrections and Rehabilitation (“CDCR”) and Defendants J. Ourique and S. Smith in their
official capacities for violations of the Americans with Disabilities Act (“ADA”). (Doc. No. 20).
The magistrate judge directed plaintiff, within 21 days, 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, 10-11.) On November 17, 2020, plaintiff filed a “motion to proceed
on claims found cognizable by this Court.” (Doc. No. 21.)
Accordingly, on November 20, 2020, the magistrate judge filed findings and
recommendations, recommending that (1) Defendants Krzysiak, Merritt, and Sherman be
dismissed and (2) the claims in plaintiff’s complaint be dismissed, except for its ADA claims
against Defendant CDCR and Defendants Ourique and Smith in their official capacities. (Doc.
No. 22.) 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
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.
The findings and recommendations issued on November 20, 2020 (Doc. No. 22)
are adopted in full;
Defendants Krzysiak, Merritt, and Sherman are dismissed;
The claims in plaintiff’s complaint are dismissed, except for the ADA claims
against Defendants CDCR and Defendants Ourique and Smith in their official
This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
January 8, 2021
UNITED STATES DISTRICT JUDGE
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