(PC) Quinones v. St. Andre ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN QUINONES, No. 2:22-cv-00833-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 ROB ST. ANDRE, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 19 Eastern District of California local rules. 20 On April 3, 2023, the Magistrate Judge filed findings and recommendations, which 21 were served on the parties and contained notice of the time period for the parties to file 22 objections. No objections have been filed. 23 The court presumes that any findings of fact are correct. See Orand v. United 24 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 26 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 27 court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 3, 2023, are adopted in full. 3 2. This action proceeds on Plaintiffs original complaint as to Plaintiffs 4 Eighth Amendment medical care claim against Defendants Gray and Doe I, 5 to the extent Doe I is properly identified as required by federal law. 6 3. All other claims are dismissed. 7 4. Fox, St. Andre, and Doe II are dismissed as defendants to this action. 8 5. The matter is referred back to the assigned Magistrate Judge for further 9 pre-trial proceedings. 10 | DATED: July 24, 2023. 1] 12 eee B CHIEF ED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28