(PC) Brooks v. Campbell ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROSS ANTHONY BROOKS, No. 1:23-cv-01058 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING 13 v. DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 14 CAMPBELL, et al., (Doc. 9) 15 Defendants. 16 17 Ross Anthony Brooks 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 assigned magistrate judge found Plaintiff 19 stated a cognizable claim against Officer Parra for failure to protect/intervene in violation of the 20 Eighth Amendment. However, the magistrate judge found the other claims in the First Amended 21 Complaint were not cognizable and recommended all other claims and defendants be dismissed. 22 (Doc. 9.) 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. (Doc. 9 at 6.) The Court also advised 25 Plaintiff “that the failure to file objections within the specified time may result in the waiver of 26 the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id., quoting Wilkerson v. 27 Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 28 1991).) Plaintiff did not file objections. 1 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 2 | case. Having carefully reviewed the entire file, the Court concludes the Findings and 3 || Recommendations to be supported by the record and by proper analysis. Thus, the Court 4 | ORDERS: 5 1. The Findings and Recommendations issued on August 18, 2023 (Doc. 9) are 6 ADOPTED in full. 7 2. This action shall proceed only on Plaintiffs claim in the First Amended Complaint 8 against Defendant Parra for failure to protect/intervene in violation of the Eighth 9 Amendment. 10 3. All other claims and defendants are DISMISSED from this action. 11 4. This action is referred to the magistrate judge for further proceedings. 12 B IT IS SO ORDERED. 4 Dated: _ September 19, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28