(PC) Pina v. Ysusi et al, No. 1:2020cv01735 - Document 13 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 12 Findings and Recommendations regarding Dismissal of Certain Claims and Defendants signed by District Judge Dale A. Drozd on 7/13/2021. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PABLO PIÑA, Plaintiff, 12 v. 13 14 No. 1:20-cv-01735-NONE-BAM (PC) YSUSI, et al., Defendants. 15 (Doc. No. 12) 16 Plaintiff Pablo Piña is a state prisoner proceeding pro se in this civil rights action pursuant 17 18 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS to 42 U.S.C. § 1983. 19 On May 11, 2021, the assigned magistrate judge screened plaintiff’s first amended 20 complaint and issued findings and recommendations that this action proceed on two of plaintiff’s 21 claims: a claim for excessive force against defendant Ysusi for shooting plaintiff with a 22 “launcher” after a fight in the prison yard had stopped; and a claim for retaliation against 23 defendant J. Gonzales. (Doc. No. 12.) The magistrate judge further recommended that all other 24 claims and defendants be dismissed from this action for failure to state a cognizable claim for 25 relief. (Id.) The findings and recommendations were served on plaintiff and contained notice that 26 any objections were to be filed within fourteen (14) days after service. (Id. at 9.) No objections 27 have been filed, and the deadline to do so has expired. 28 //// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on May 11, 2021, (Doc. No. 12), are 6 7 adopted in full; 2. This action shall proceed on plaintiff’s first amended complaint, filed April 26, 2021, 8 (Doc. No. 10), against defendant Ysusi for excessive force in violation of the Eighth 9 Amendment and against defendant J. Gonzales for retaliation in violation of the First 10 11 Amendment; 3. All other claims and defendants are dismissed from this action for failure to state a 12 13 cognizable claim for relief; and 4. This action is referred back to the magistrate judge for proceedings consistent with this 14 order. 15 16 17 IT IS SO ORDERED. Dated: July 13, 2021 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2