(PC) Arrellano-Lopez v. Gonzales et al
Filing
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ORDER ADOPTING 19 Findings and Recommendations, Dismissing Certain Claims and Defendants, and Directing the Clerk of Court to Update the Docket signed by District Judge Jennifer L. Thurston on 09/23/2024. M. Childers, Ron Godwin, R. Kuhn, F. Nevarez, C. Vang, P. Chavez and P. Chavez terminated. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JORGE N. ARRELLANO-LOPEZ,
Plaintiff,
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v.
J. GONZALES, et al.,
Defendants.
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Case No. 1:23-cv-0093 JLT EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
CERTAIN CLAIMS AND DEFENDANTS,
AND DIRECTING THE CLERK OF COURT
TO UPDATE THE DOCKET
(Doc. 19)
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Jorge N. Arrellano-Lopez asserts that he suffered violations of his civil rights while
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incarcerated at Pleasant Valley State Prison. (See Doc. 15.) The magistrate judge screened
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Plaintiff’s second amended complaint pursuant to 28 U.S.C. § 1915A(a), and found Plaintiff
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stated cognizable claims for failure to protect in violation of the Eighth Amendment against
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Officer J. Gonzales and retaliation in violation of the First Amendment against Officer J. Hardin.
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(See Doc. 19 at 6-9.) The magistrate judge found Plaintiff did not state cognizable claims against
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the other defendants. (Id. at 7-13.) Therefore, the magistrate judge recommended the action
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proceed only on the cognizable claims, and that the Court dismiss all other claims and defendants.
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(Id. at 13-14.)
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The Court served the Findings and Recommendations on Plaintiff and notified him that
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any objections were due within thirty days. (Doc. 19 at 14.) The Court advised Plaintiff that the
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“failure to file objections within the specified time may result in the waiver rights on appeal.”
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(Id., quoting Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file
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objections, and the time to do so has passed.
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According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.
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Having carefully reviewed the matter, the Court concludes the Findings and Recommendations
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are supported by the record and proper analysis. Thus, the Court ORDERS:
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1.
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The Findings and Recommendations issued on August 6, 2024 (Doc. 19) are
ADOPTED in full.
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This case SHALL proceed only on Plaintiff’s claims for: (1) failure to protect in
violation of the Eighth Amendment against Officer J. Gonzales and (2) retaliation
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in violation of the First Amendment against Officer J. Hardin.
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3.
All other claims and defendants are DISMISSED.
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4.
This action is referred to the magistrate judge for further proceedings.
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IT IS SO ORDERED.
Dated:
September 23, 2024
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