(PC) Bahena v. Rodriguez et al, No. 1:2020cv01685 - Document 16 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 14 Findings and Recommendations, signed by District Judge Anthony W. Ishii on 05/11/2021. (Maldonado, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESMELING BAHENA, 12 Plaintiff, 13 14 v. RODRIGUEZ, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-01685-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 14) 17 Plaintiff Esmeling Bahena is proceeding pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 14, 2021, the Magistrate Judge issued Findings and Recommendations 21 recommending that this action proceed on Plaintiff’s failure to protect claim against Defendants Farlon, 22 Rodriguez, Stan and Hernandez, and excessive force claim Defendant Harmon. (Doc. No. 14.) The 23 Findings and Recommendations were served on plaintiff and contained notice that objections were to 24 be filed within fourteen days. (Id.) To date, no objections have been filed and the time to do so has 25 now passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 Based on the foregoing, it is HEREBY ORDERED that: 1 2 1.. in full; 3 4 2. This action shall proceed on Plaintiff’s failure to protect claim against Defendants Farlon, Rodriguez, Stan and Hernandez, and excessive force claim Defendant Harmon; and 5 6 The Findings and Recommendations filed on April 14, 2021 (Doc. No. 14), are adopted 3. All other claims and Defendants are dismissed from the action for failure to state a cognizable claim for relief. 7 8 9 10 11 IT IS SO ORDERED. Dated: May 11, 2021 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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