(PC) Soria v. Zuniga et al, No. 1:2018cv00635 - Document 11 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 10 Findings and Recommendations to Proceed Only on Cognizable Claims and to Dismiss With Prejudice All Other Claims and Defendants signed by Chief Judge Lawrence J. O'Neill on 12/18/2019. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 STEVEN SORIA, CASE NO. 1:18-cv-0635-LJO-JLT (PC) 12 Plaintiff, 13 14 15 v. RAFEL ZUNGIA, et al., 16 (Doc. 10) Defendants. 17 18 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO PROCEED ONLY ON COGNIZABLE CLAIMS AND TO DISMISS WITH PREJUDICE ALL OTHER CLAIMS AND DEFENDANTS Plaintiff, a federal prisoner proceeding pro se, has filed this civil rights action seeking 19 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 1, 2019, the magistrate judge filed findings and recommendations herein 22 which were served on plaintiff and which contained notice to plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 24 objections to the findings and recommendations. 25 The court has reviewed the file and finds the findings and recommendations to be 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 1 1. The findings and recommendations filed October 1, 2019, are adopted in full; 2 2. Plaintiff’s first amended complaint states a cognizable Eighth Amendment medical 3 indifference claim against defendants Lt. Herron, Camp Administrator Allison, Dr. Morales, and 4 Case Manager Coordinator R. Gonzales. All other claims and defendants are hereby dismissed 5 with prejudice; and 6 7 3. This matter is referred back to the magistrate judge for further proceedings consistent with this order. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 18, 2019 UNITED STATES CHIEF DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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