(PC) Bibbs v. Sullivan et al, No. 1:2021cv01145 - Document 16 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 15 Findings and Recommendations to Dismiss Certain Claims and Defendants signed by District Judge Ana de Alba on 6/1/2023. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN J. BIBBS, 12 13 14 15 Plaintiff, v. W. J. SULLIVAN, et al., Case No.: 1:21-cv-01145-ADA-CDB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS AND DEFENDANTS (ECF No. 15) Defendants. 16 17 Plaintiff Martin J. Bibbs (“Plaintiff”) is proceeding pro se in this civil rights action brought 18 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant 19 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 13, 2023, the assigned Magistrate Judge issued findings and recommendations, 21 recommending that Defendants Sullivan, Gonzalez, Tyree, Hernandez, Baniga, Boutte, Leiva, Razo 22 and Jones be dismissed from this action, and that the action proceed only on Plaintiff’s Eighth 23 Amendment claims against Defendants Eaton, Rubalcava, and Chavez for deliberate indifference 24 to serious medical needs, and that all other claims and defendants should be dismissed from the 25 action. (ECF No. 15.) The Magistrate Judge provided Plaintiff 14 days within which to file any 26 objections to the findings and recommendations. (Id. at 2.) No objections have been filed. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 28 de novo review of this case. Having carefully reviewed the file, the Court finds the findings and 1 recommendations to be supported by the record and proper analysis. 2 Accordingly, 3 1. The findings and recommendations issued on March 13, 2023, (ECF No. 15), are 4 5 ADOPTED in full; 2. Defendants Sullivan, Gonzalez, Tyree, Hernandez, Baniga, Boutte, Leiva, Razo, and 6 Jones are DISMISSED from this action; 7 3. The claims in Plaintiff’s complaint are DISMISSED, except for the Eighth Amendment 8 deliberate indifference to serious medical needs claims against Defendants Eaton, 9 Rubalcava, and Chavez, in their individual capacities; and 10 4. The matter is referred back to the assigned Magistrate Judge for further proceedings. 11 12 13 14 IT IS SO ORDERED. Dated: June 1, 2023 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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