(PC) Reyna v. Gustaveson et al, No. 1:2020cv01315 - Document 10 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 9 Findings and Recommendations in Full; ORDER for this Case to Proceed Only With Plaintiff's Medical Claim Against Defendant Dr. Gustaveson; and ORDER Dismissing All Other Claims and Defendants signed by District Judge Anthony W. Ishii on 6/10/2022. Kings County Jail terminated.(Jessen, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN REYNA, 12 Plaintiffs, 13 14 15 16 1:20-cv-01315-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (ECF No. 9.) vs. GUSTAVESON, et al., Defendants. ORDER FOR THIS CASE TO PROCEED ONLY WITH PLAINTIFF’S MEDICAL CLAIM AGAINST DEFENDANT DR. GUSTAVESON ORDER DISMISSING ALL OTHER CLAIMS AND DEFENDANTS 17 18 19 John Reyna (“Plaintiff”) is a Kings County Jail inmate proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a 21 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On March 10, 2022, the Court entered Findings and Recommendations, recommending 23 that this action proceed only against defendant Dr. Gustaveson on Plaintiff’s medical claim, and 24 that all other claims and defendants be dismissed from this action based on Plaintiff’s failure to 25 state a claim. (ECF No. 9.) Plaintiff was provided an opportunity to file objections to the 26 Findings and Recommendations within fourteen days. The fourteen-day time period has passed, 27 and Plaintiff has not filed objections or otherwise responded to the Findings and 28 Recommendations. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 Court finds the Findings and Recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. 7 8 The Findings and Recommendations issued by the Magistrate Judge on March 10, 2022, are ADOPTED in full; 2. 9 This action now proceeds with Plaintiff's original Complaint, filed on September 14, 2020, against defendant Dr. Gustaveson on Plaintiff’s medical claim under the 10 Eighth Amendment; 11 3. All remaining claims and defendants are DISMISSED from this action; 12 4. Defendants Kings County Jail and Kings County are dismissed from this action 13 based on Plaintiff’s failure to state any claims against them upon which relief may 14 be granted; 15 5. Plaintiff’s claims for retaliation under the First Amendment and negligence are 16 dismissed from this action based on Plaintiff’s failure to state any claims upon 17 which relief may be granted; 18 6. 19 20 21 The Clerk is DIRECTED to reflect the dismissal of defendant Kings County Jail from this action on the Court's docket; and 7. This case is referred back to the Magistrate Judge for all further proceedings, including initiation of service of process. 22 23 24 IT IS SO ORDERED. Dated: June 10, 2022 SENIOR DISTRICT JUDGE 25 26 27 28 2
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