(PC) Redix v. Navarro et al, No. 1:2020cv01647 - Document 12 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 11 Findings and Recommendations; ORDERED that this shall proceed against Defendants Navarro, Vera, Medina, Allison, and Higuera for excessive force, against Defendant Vera for sexual assault, against Defendants Navarro and Allison for death threats, and against Defendants Navarro, Gonzales, and Campos for deliberate indifference to Plaintiffs medical needs, signed by District Judge Dale A. Drozd on 03/7/2021. (Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESAU REDIX, 12 Plaintiff, 13 14 v. J. NAVARRO, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) No.: 1:20-cv-01647-NONE-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 11) Plaintiff Esau Redix is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant 20 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On February 4, 2021, the assigned magistrate judge issued findings and recommendations 22 recommending that this action proceed against Defendants Navarro, Vera, Medina, Allison, and 23 Higuera for excessive force, against Defendant Vera for sexual assault, against Defendants Navarro 24 and Allison for death threats, and against Defendants Navarro, Gonzales, and Campos for deliberate 25 indifference to Plaintiff’s medical needs. (Doc. No. 11.) The magistrate judge also recommended that 26 all other claims be dismissed from the action for failure to state a cognizable claim for relief. (Id.) 27 ///// 28 ///// 1 1 The findings and recommendations were served on plaintiff and contained notice that objections were 2 due within fourteen (14) days. (Id. at 2.) No objections were filed and the time to do so has expired. 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a de 3 4 novo review of the case. Having carefully reviewed the entire file, the court concludes that the 5 magistrate judge’s findings and recommendations are supported by the record and by proper analysis. 6 Accordingly, 7 1. The findings and recommendations issued on February 4, 2021 (Doc. No. 11), are adopted in full; 8 2. 9 This action shall proceed against Defendants Navarro, Vera, Medina, Allison, and 10 Higuera for excessive force, against Defendant Vera for sexual assault, against 11 Defendants Navarro and Allison for death threats, and against Defendants Navarro, 12 Gonzales, and Campos for deliberate indifference to Plaintiff’s medical needs; and 3. 13 All other claims are dismissed from the action. 14 15 IT IS SO ORDERED. 16 Dated: March 7, 2021 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 In response to the magistrate judge’s screening order (Doc. No. 8), plaintiff filed a notice indicating that he wished to proceed on those claims found cognizable. (Doc. No. 9.) 1 28 2
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