(PC) Cortinas v. Vasquez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS, Case No. 1:19-cv-00367-JLT-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS FOLLOWING 13 v. EVIDENTIARY HEARING 14 VASQUEZ, et al., (Doc. 157) 15 Defendants. 16 17 Plaintiff seeks to hold the defendants liable for civil rights violations pursuant to 42 18 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Following an evidentiary hearing, the magistrate judge recommended Plaintiff’s deliberate 21 indifference to serious medical needs claim against Defendant Ramos be permitted to proceed, 22 and that his sexual assault claims against all Defendants be dismissed with prejudice. (Doc. 157.) 23 The Court advised the parties that any objections were due within fourteen days and that the 24 “failure to file objections within the specified time may result in waiver of his rights on appeal.” 25 (Id. at 19-20, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 26 923 F.2d 1391, 1394 (9th Cir. 1991)). Plaintiff timely filed his objections.1 (Doc. 158.) 27 1 Plaintiff signed and dated his objections on June 26, 2023, and the accompanying proof of service 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 matter, including Plaintiffs objections, the Court concludes 3 | the Findings and Recommendations to be supported by the record and proper analysis. Thus, the 4 | Court ORDERS: 5 1. The Findings and Recommendations issued on June 20, 2023 (Doc. 157) are 6 ADOPTED in full. 7 2. Plaintiff's deliberate indifference to serious medical needs claim against Defendant 8 Ramos SHALL proceed. 9 3. Plaintiff's sexual assault claims against all Defendants are DISMISSED with 10 prejudice. 11 4. This action proceeds on the following claims: Eighth Amendment excessive force 12 claims against Defendants Vasquez, Fisher and Washington, and an Eighth 13 Amendment deliberate indifference to serious medical needs claim against Defendant 14 Ramos; and 15 5. This action is referred to the magistrate judge for further proceedings. 16 7 IT IS SO ORDERED. 18 Dated: _ September 27, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28