(PC) Alexander v. Garza et al

Filing 20

ORDER ADOPTING 19 Findings and Recommendations and Dismissing Certain Claims and Defendants signed by District Judge Dale A. Drozd on 6/14/2021. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JULIAN J. ALEXANDER, 12 Plaintiff, 13 14 15 v. No. 1:20-cv-01486-DAD-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS GARZA, et al. (Doc. No. 19) Defendants. 16 17 Plaintiff Julian J. Alexander is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 29, 2021, the assigned magistrate judge issued findings and recommendations, 21 recommending that this action proceed only on plaintiff’s claims against defendants Hackworth, 22 Garza, Perez, Contreas, and Bonilla for deliberate indifference to plaintiff’s serious medical needs 23 in violation of the Eighth Amendment and on his claims against defendants Perez, Bonilla, 24 Contreas, and Hackworth for retaliation in violation of the First Amendment, and that all other 25 claims and defendants be dismissed from the action due to plaintiff’s failure to state a cognizable 26 claim for relief. (Doc. No. 19.) The findings and recommendations were served on the parties 27 and contained notice that any objections thereto were to be filed within fourteen days. (Id. at 8.) 28 No objections have been filed, and the time to do so has now passed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s 3 objections (Doc. No. 17), the court finds the findings and recommendations to be supported by 4 the record and by proper analysis. 5 Accordingly, 6 1. adopted in full; 7 8 The findings and recommendations issued on April 29, 2021 (Doc. No. 19) are 2. This action shall proceed only against defendants Hackworth, Garza, Perez, 9 Contreas, and Bonilla for deliberate indifference to plaintiff’s serious medical 10 needs and on his retaliation claims against defendants Perez, Bonilla, Contreas, 11 and Hackworth, and that all other claims; and 12 3. failure to state a claim. 13 14 All other claims and defendants are dismissed from this case based on plaintiff’s IT IS SO ORDERED. 15 Dated: June 14, 2021 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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