(PC) Segura v. Sgt. Maldonado ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR SEGURA, No. 1:23-cv-0780 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING 13 v. DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 14 MALDONADO, et al., (Doc. 9) 15 Defendants. 16 17 Omar Segura seeks to hold the defendants liable for violations of his civil rights while 18 incarcerated at North Kern State Prison. (Doc. 7.) The assigned magistrate judge screened 19 Plaintiff’s First Amended Complaint and found he stated cognizable claims against Correctional 20 Officers Cohello and John Doe 1 for excessive force in violation of the Eighth Amendment. 21 However, the magistrate judge found the remaining claims in the First Amended Complaint were 22 not cognizable and recommended all other claims and defendants be dismissed. (Doc. 9 at 3-9.) 23 The Court served the Findings and Recommendations were served on Plaintiff and 24 notified him that any objections were due within 14 days of the date of service. (Doc. 9 at 9.) In 25 addition, the Court informed Plaintiff that “the failure to file objections within the specified time 26 may result in the waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” 27 (Id., quoting Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Plaintiff did not file 28 objections, and the deadline to do so has expired. 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 31, 2023 (Doc. 9), are 6 adopted in full. 7 2. This action shall proceed only on Plaintiff’s claim for excessive force in violation 8 of the Eighth Amendment against Defendants Cohello and John Doe 1, as stated in 9 the First Amended Complaint. 10 3. All other claims and defendants are dismissed from this action for failure to state 11 claims upon which relief may be granted. 12 4. The Clerk of Court is directed to update the docket and terminate defendants 13 Maldonado and Madrigal. 14 5. This action is referred to the magistrate judge for further proceedings. 15 16 IT IS SO ORDERED. 17 | Dated: □ October 3, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28