(PC) Hernandez v. Marcelo ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARINO ANTONIO HERNANDEZ, Case No. 1:19-cv-01219-NONE-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS WITH 13 v. PREJUDICE 14 J. MARCELO, et al., (Doc. 1) 15 Defendants. 14-DAY DEADLINE 16 17 Previously, the Court dismissed, with leave to amend, Plaintiff’s official-capacity 18 deliberate indifference, Americans with Disabilities Act, and Rehabilitation Act claims. (Doc. 19 46.) The Court dismissed, without leave to amend, Plaintiff’s individual-capacity ADA and RA 20 claims. (Id.). The Court allowed Plaintiff’s individual-capacity deliberate indifference claims to 21 proceed. (Id.) 22 On April 14, 2021, Plaintiff filed a notice that he wishes to proceed only on the 23 individual-capacity deliberate indifference claims and to dismiss all other claims with prejudice. 24 (Doc. 48.) Accordingly, for the reasons set forth in the findings and recommendations (Doc. 35) 25 and the order adopting the findings and recommendations (Doc. 46), the Court RECOMMENDS 26 that Plaintiff’s official-capacity deliberate indifference, ADA, and RA claims be DISMISSED 27 with prejudice. These Findings and Recommendations will be submitted to the United States District 1 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 2 service of these Findings and Recommendations, Plaintiff may file written objections with the 3 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 4 Recommendations.” Failure to file objections within the specified time may result in waiver of 5 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 6 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 7 IT IS SO ORDERED. 8 9 Dated: April 27, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27