(PC) Serrano v. Rudas et al

Filing 19

ORDER ADOPTING 17 Findings and Recommendations to Dismiss Certain Claims and Defendants signed by District Judge Kirk E. Sherriff on 03/26/2024. Ana De La Sierra terminated. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDRES MASQUEDA SERRANO,

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Plaintiff,
v.
ROBERT RUDAS, et al.,

Case No.: 1:22-cv-00950-KES-CDB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
CERTAIN CLAIMS AND DEFENDANTS
(Doc. 17)

Defendants.

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Plaintiff Andres Masqueda Serrano is proceeding pro se and in forma pauperis in this civil

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rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 15, 2024, the assigned Magistrate Judge issued findings and

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recommendations, recommending this action proceed only on Plaintiff’s Eighth Amendment

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deliberate indifference to serious medical needs claim against Defendant Rudas, that Defendant

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De La Sierra be dismissed from the action, and that any remaining claims in Plaintiff’s complaint

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be dismissed. (Doc. 17.) The findings and recommendations were served on Plaintiff and

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contained notice that any objections were to be filed within fourteen (14) days of service. The

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Magistrate Judge advised Plaintiff that the “failure to file objections within the specified time

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may result in waiver of his rights on appeal.” (Id. at 2, citing Wilkerson v. Wheeler, 772 F.3d

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834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). No objections

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have been filed, and the deadline to do so has expired. (See docket.)
In accordance with the provision of 28 U.S.C. § 636(b)(1), the Court has conducted a de

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novo review of this case. Having reviewed the file, the Court finds the findings and

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recommendations to be supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued February 15, 2024 (Doc. 17) are

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ADOPTED in full;
2. This action PROCEEDS solely on Plaintiff’s Eighth Amendment deliberate

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indifference to serious medical needs claim against Defendant Rudas;

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3. Defendant Ana De La Sierra is DISMISSED from the action;

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4. The remaining claims in Plaintiff’s complaint are DISMISSED; and

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5. This matter is referred back to the assigned Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

March 26, 2024
UNITED STATES DISTRICT JUDGE

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