(PC) Sanchez v. Muro et al

Filing 20

ORDER ADOPTING 19 Findings and Recommendations, signed by District Judge Ana de Alba on 11/18/2022. (Marrujo, C)

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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 ANTHONY A. SANCHEZ, 12 Plaintiff, 13 14 15 No. 1:21-cv-01770-ADA-EPG (PC) ORDER ADOPTING SCREENING FINDINGS AND RECOMMENDATIONS v. (ECF Nos. 18, 19) MARINA MURO, et al., Defendants. 16 17 Anthony A. Sanchez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to 19 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 15, 2022, the assigned Magistrate Judge entered findings and 21 recommendations, recommending that this case proceed on Plaintiff’s Eighth Amendment 22 excessive force claim against defendants Nunez-Ruiz, Calvo, John Doe 3 (a Correctional Officer), 23 and Jane Doe 4 (a Nurse); Plaintiff’s Eighth Amendment failure to protect claim against 24 defendants Nunez-Ruiz and John Doe 3 (a Correctional Officer); and Plaintiff’s Fourteenth 25 Amendment claim for unwanted medical treatment against defendant Jane Doe 4 (a Nurse). (ECF 26 No. 19 at 22). The assigned Magistrate Judge also recommended that all other claims be 27 dismissed for failure to state a claim. (Id.) 28 Plaintiff was provided an opportunity to file objections to the findings and 1 1 recommendations within twenty-one (21) days of service of the findings and recommendation. 2 (ECF No. 19 at 22-23.) The deadline for filing objections has passed, and Plaintiff has not filed 3 objections or otherwise responded to the findings and recommendations. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 5 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 6 Court finds the findings and recommendations to be supported by the record and proper analysis. 7 Accordingly, 8 1. 9 10 The findings and recommendations issued on September 15, 2022, (ECF No. 19), are adopted in full; 2. This case proceeds on Plaintiff’s Eighth Amendment excessive force claim against 11 defendants Nunez-Ruiz, Calvo, John Doe 3 (a Correctional Officer), and Jane Doe 12 4 (a Nurse); Plaintiff’s Eighth Amendment failure to protect claim against 13 defendants Nunez-Ruiz and John Doe 3 (a Correctional Officer); and Plaintiff’s 14 Fourteenth Amendment claim for unwanted medical treatment against defendant 15 Jane Doe 4 (a Nurse); 16 3. All other claims are dismissed for failure to state a claim; and 17 4. The Clerk of Court is directed to reflect the dismissal of defendants Muro, Perez, 18 and Keyfaurer on the Court’s docket, and to add defendants Calvo, John Doe 3 (a 19 Correctional Officer) and Jane Doe 4 (a Nurse). 20 21 22 23 IT IS SO ORDERED. Dated: November 18, 2022 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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