(PC) Martin v. California Department of Corrections & Rehabilitation ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS M. MARTIN, Case No.: 1:23-cv-00822 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING 13 v. DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 14 CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, (Doc. 14) 15 et al., 16 Defendants. 17 18 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 19 U.S.C. § 1983. On October 19, 2023, the magistrate judge issued Findings and Recommendations 20 finding Plaintiff stated a cognizable claim of deliberate indifference to his safety against 21 Defendants Maria Flores and Omar Rubio and recommended that all other claims and Defendants 22 be dismissed from the action for failure to state a cognizable claim for relief. (Doc. 14.) 23 The Court served the Findings and Recommendations on Plaintiff and notified him that 24 any objections were to be filed within 14 days after service and that the failure to file timely 25 objections may result in a waiver of rights on appeal. (Doc. 14 at 8, citing Wilkerson v. Wheeler, 26 772 F.3d 834, 839 (9th Cir. 2014).) He did not file objections, and the deadline to do so has 27 passed. 28 According to 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court conducted a de 1 | novo review of this case. Having carefully reviewed the entire file, the Court concludes the 2 | Findings and Recommendations are supported by the record and by proper analysis. Accordingly, 3 | the Court ORDERS: 4 1. The Findings and Recommendations issued on October 19, 2023 (Doc. 14) are 5 ADOPTED in full. 6 2. This action SHALL proceed on Plaintiff's first amended complaint (Doc. 12) only 7 as to Plaintiff's Eighth Amendment claim against Defendants Maria Flores and 8 Omar Rubio for deliberate indifference to safety. 9 3. All other claims and Defendants are DISMISSED from this action for failure to 10 state claims upon which relief may be granted. 11 4. This action is referred to the assigned magistrate judge for further proceedings. 12 B IT IS SO ORDERED. 14 Dated: _ November 16, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28