(PC) Romero v. Spearman ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES ROMERO, No. 2:18-cv-1590 KJM AC P 12 Plaintiff, 13 v. ORDER 14 M.E. SPEARMAN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 13, 2022, the magistrate judge issued findings and recommendations, which were 21 served on plaintiff, and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. ECF No. 25. Plaintiff has not filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations issued July 13, 2022 (ECF No. 25), are 5 | ADOPTED in full; 6 2. The following claims and defendants are DISMISSED from this action pursuant to 7 || 28 U.S.C. § 1915A(b)(1)-(2): 8 a. Claim Two of the First Amended Complaint (putative Bivens claim against 9 || defendant Luong Nguyen), and 10 b. Defendants M.E. Spearman and U. Baniga; 11 3. This case proceeds solely on Claim One of the First Amended Complaint (Eighth 12 || Amendment deliberate indifference claim against defendant R. Wilson and defendant Luong 13 || Nguyen), and 14 4. The Clerk of Court is directed to change the spelling of defendant Luong Nguyen’s 15 || name in the case caption of the docket from “Luong Nygun” to “Luong Nguyen.” See ECF No. 16 || 21 at 1 (First Amended Complaint). 17 || DATED: September 6, 2022. 18 50 CHIEF ED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28