(PC) King v. Allison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRANCE ALLEN KING, No. 1:23-cv-0681 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING 13 v. DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 14 ALLISON, et al., (Doc. 21) 15 Defendants. 16 17 Terrance Allen King is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff stated 19 cognizable claims for violations of rights arising under the Eighth Amendment against: (1) Burns 20 for the painful cuffing and refusal to loosen the cuffs on 1/7/23; (2) Burns and Mumby for the 21 force used against Plaintiff on 1/7/23 in the rotunda; (3) Burns for deliberate indifference to 22 medical care on 1/7/23; and (4) J. Ramirez, G. Sanchez, and C. Patricio for failure to protect on 23 1/7/23. The magistrate judge recommended the action proceed on these cognizable claims in the 24 Second Amended Complaint, and all other claims and defendants be dismissed for failure to state 25 a claim. (Doc. 21.) 26 The Court served the Findings and Recommendations on Plaintiff and notified him that 27 any objections had to be filed within 14 days after service and that the failure to file timely 28 objections may result in a waiver of rights on appeal. (Doc. 21 at 16.), citing Wilkerson v. 1 Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) He did not file objections, and the deadline to do so 2 | expired. 3 Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 4 | Having carefully reviewed the entire file, the Court concludes the Findings and Recommendations 5 || are supported by the record and by proper analysis. Accordingly, the Court ORDERS: 6 1. The findings and recommendations issued on September 12, 2023 (Doc. 21) are 7 ADOPTED in full. 8 2. This action SHALL proceed on Plaintiff's Second Amended Complaint (Doc. 20) 9 only on Plaintiff's Eighth Amendment claims against: 10 a. Burns for the painful cuffing and refusal to loosen the cuffs on 1/7/23; 11 b. Burns and Mumby for the force used against Plaintiff on 1/7/23 in the 12 rotunda; 13 C. Burns for deliberate indifference to medical care on 1/7/23; and 14 d. J. Ramirez, G. Sanchez, and C. Patricio for failure to protect on 1/7/23. 15 3. All other claims and defendants are DISMISSED from this action for failure to 16 state claims upon which relief may be granted. 17 4. This action is referred to the Magistrate Judge for further proceedings. 18 19 IT IS SO ORDERED. 29 | Dated: _ October 16, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28