(PC) Porter v. Rivas et al, No. 1:2022cv00105 - Document 21 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 19 Findings and Recommendations to Dismiss Certain Claims and Defendant signed by District Judge Ana de Alba on 5/31/2023. T. Cisneros (Warden) terminated. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY JAMES PORTER, 12 Plaintiff, 13 v. 14 O. RIVAS, et al., 15 No. 1:22-cv-00105-ADA-CDB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS AND DEFENDANT (ECF No. 19) Defendants. 16 Plaintiff Larry James Porter is a state prisoner proceeding pro se in this civil rights action 17 18 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 1, 2023, the assigned Magistrate Judge issued findings and recommendations 20 21 recommending that Plaintiff’s complaint be dismissed, except for Plaintiff’s deliberate 22 indifference to serious medical need claim against Defendant Rivas. (ECF No. 19.) Further, the 23 assigned Magistrate Judge recommended Defendant Cisneros be dismissed from this action. (Id.) 24 The findings and recommendations were served on Plaintiff and contained notice that any 25 objections thereto were to be filed within fourteen (14) days of service. (Id.) On March 10, 2023, 26 Plaintiff filed a statement of nonobjection. (ECF No. 20.) 27 /// 28 /// 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 file, the Court finds the findings and 3 recommendations to be supported by the record and proper analysis. Further, because there are 4 no objections, the Court adopts the findings and recommendations. 5 Accordingly, 6 1. The findings and recommendations issued on March 1, 2023 (ECF No. 19), are 7 8 adopted in full; 2. The Court DISMISSES all of Plaintiff’s claims EXCEPT his claim of deliberate 9 indifference to serious medical need against Defendant Rivas; 10 3. Defendant Cisneros is DISMISSED from this action; 11 4. The Clerk of Court is directed to update the docket to reflect the ruling of this order; 12 13 and 5. The matter is referred back to the Magistrate Judge for further proceedings. 14 15 16 17 IT IS SO ORDERED. Dated: May 31, 2023 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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