(PC) Washington v. Castillo ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRACYE BENARD WASHINGTON, Case No.: 1:23-cv-01095-JLT-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. CERTAIN CLAIMS AND DEFENDANTS FOLLOWING SCREENING 14 A. CASTILLO, et al., (Doc. 17) 15 Defendants. 16 17 Plaintiff Tracye Benard Washington Thomas seeks to hold the defendants liable for civil 18 rights violations pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 The magistrate judge recommended this action proceed only on Plaintiff’s Eighth 21 Amendment deliberate indifference to serious medical needs claims against Defendant Castillo- 22 Barajas, in his or her individual capacity, that Defendants Corona and Smith be dismissed, and 23 any remaining claims be dismissed. (Doc. 17.) The magistrate judge advised Plaintiff that the 24 “failure to file objections within the specified time may result in waiver of his rights on appeal.” 25 (Id. at 2-3, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 26 F.2d 1391, 1394 (9th Cir. 1991). To date, no objections have been filed. 27 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and 1 | Recommendations to be supported by the record and proper analysis. Accordingly, the Court 2 | ORDERS: 3 1. The Findings and Recommendations issued December 5, 2023 (Doc. 17) are 4 ADOPTED in full. 5 2. This action PROCEEDS only on Plaintiff's Eighth Amendment deliberate 6 indifference to serious medical needs claims against Defendant Castillo-Barajas, in his 7 or her individual capacity. 8 3. The remaining claims in Plaintiff's complaint are DISMISSED. 9 4. Defendants A. Corona and E. Smith be DISMISSED from this action. 10 5. This matter is referred back to the assigned magistrate judge for further proceedings. 11 b IT IS SO ORDERED. 13 | Dated: _January 3, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28