(PC) Samaniego v. CDCR, et al

Filing 26

ORDER signed by District Judge Troy L. Nunley on 3/31/2021 ADOPTING 23 Findings and Recommendations in full; DISMISSING defendant Diaz with prejudice; DISMISSING defendants Lynch and Curry without prejudice; DISMISSING plaintiff's challenge b ased solely on the integration policy with prejudice; DENYING 18 Motion to Dismiss defendants Ramirez, Parsons, and Spangler; DENYING 18 Motion to Dismiss plaintiff's failure to intervene claims; and DENYING 18 Motion for Qualified Immunity as to Defendants Ramirez, Parsons, and Spangler without prejudice. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO SAMANIEGO, 12 No. 2:19-cv-02606-TLN-KJN Plaintiff, 13 v. 14 ORDER CDCR, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 17, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within thirty days. Plaintiff filed objections to 23 the findings and recommendations.1 Defendants filed a response. 24 25 26 27 28 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 1 Because the Doe defendants were not one of the moving parties, it was not appropriate to address such claims in ruling on the motion to dismiss. Should Plaintiff learn the identities of the Doe parties, he must promptly move to file a second amended complaint to add them as defendants. 1 1 Court finds the findings and recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 17, 2021, are ADOPTED IN FULL; 5 and 6 2. Defendant Diaz is DISMISSED with prejudice; 7 3. Plaintiff’s challenge based solely on the integration policy is DISMISSED with 8 prejudice; 9 4. Defendant Lynch is DISMISSED without prejudice; 10 5. Defendant Curry is DISMISSED without prejudice; 11 6. The motion to dismiss Defendants Ramirez, Parsons, and Spangler is DENIED; 12 7. The named Defendants’ motion to dismiss Plaintiff’s failure to intervene claims is 13 14 DENIED; and 8. The motion for qualified immunity as to Defendants Ramirez, Parsons, and Spangler is 15 DENIED without prejudice. 16 DATED: March 31, 2021 17 18 19 20 Troy L. Nunley United States District Judge 21 22 23 24 25 26 27 28 2

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