(PC) Fernandez v. Cruz ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY SOTO FERNANDEZ, No. 1:23-cv-0855 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING 13 v. DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 14 CRUZ, et al., (Doc. 10) 15 Defendants. 16 17 Anthony Soto Fernandez is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. The assigned magistrate judge found 19 Plaintiff stated cognizable claims for excessive force in violation of the Eighth Amendment 20 against defendants Cruz, Charles, Furlong, Chavez, and Hernandez; and deliberate indifference to 21 a serious medical need in violation of the Eighth Amendment against Cruz, Furlong, and Charles. 22 The magistrate judge found Plaintiff’s other claims were not cognizable, and recommended all 23 the non-cognizable claims and defendant Rodriguez be dismissed. (Doc. 10.) 24 The Court served the Findings and Recommendations on Plaintiff and notified him that 25 any objections were to be filed within 14 days after service. (Doc. 10 at 12.) Plaintiff was also 26 informed “the failure to file objections within the specified time may result in the waiver of the 27 ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id., citing Wilkerson v. 28 Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1 1991).) No objections have been filed, and the deadline to do so has expired. 2 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 3 | case. Having carefully reviewed the entire file, the Court concludes the Findings and 4 | Recommendations to be supported by the record and by proper analysis. Thus, the Court 5 | ORDERS: 6 1. The Findings and Recommendations issued on August 9, 2023 (Doc. 10) are 7 ADOPTED in full. 8 2. This action shall proceed on the following claims in the First Amended Complaint, 9 filed August 4, 2023, (Doc. 8): 10 a. Excessive force in violation of the Eighth Amendment against Defendants 11 Cruz, Charles, Furlong, Chavez, and Hernandez; and 12 b. Deliberate indifference to a serious medical need in violation of the Eighth 13 Amendment against Defendants Cruz, Charles, and Furlong. 14 3. All other claims and defendant Rodriguez are DISMISSED from this action. 15 4. This action is referred to the magistrate judge for further proceedings 16 7 IT IS SO ORDERED. 1g | Dated: _September 19, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28