(PC) Solis v. Fresno County Sheriff's Department et al, No. 1:2020cv00048 - Document 16 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 14 Findings and Recommendations signed by District Judge Anthony W. Ishii on 12/04/2020. Cuevas and Fresno County Sheriff's Department terminated.(Flores, E)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ADALBERTO SOLIS, 9 10 11 12 Plaintiff, Case No. 1:20-cv-00048-AWI-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (DOC NOS. 12 & 14) FRESNO COUNTY SHERIFF’S DEPARTMENT, et al., Defendants. 13 14 15 Adalberto Solis (“Plaintiff”) is a pre-trial detainee proceeding pro se and in forma 16 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred 17 to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On September 22, 2020, Magistrate Judge Erica P. Grosjean entered findings and 19 recommendations, recommending that “[t]his case proceed on Plaintiff’s Fourteenth 20 Amendment failure to protect claim against Officer Portillo,” and that “[a]ll other claims and 21 defendants be dismissed.” (ECF No. 14, p. 8). 22 23 24 Plaintiff was provided an opportunity to file objections to the findings and recommendations. Plaintiff filed his objections on October 19, 2020. (ECF No. 15). In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 26 the Court finds the findings and recommendations to be supported by the record and proper 27 analysis. 28 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 3 4 The findings and recommendations issued by the magistrate judge on September 22, 2020, (Doc. No. 14) are ADOPTED in full; 2. 5 This case proceeds on Plaintiff’s Fourteenth Amendment failure to protect claim against Officer Portillo; 6 3. All other claims and defendants are dismissed;1 7 4. The Clerk of Court is directed to reflect the dismissal of defendants Fresno County Sheriff’s Department and Cuevas on the Court’s docket; and 8 9 5. This case is referred back to the magistrate judge for further proceedings. 10 11 12 IT IS SO ORDERED. Dated: December 4, 2020 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 The dismissal does not necessarily prevent Plaintiff from moving to amend his complaint at a later time in the process and in accordance with any scheduling orders that may be entered. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.