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