(PC) Rouser v. Gamboa et al, No. 2:2019cv01233 - Document 39 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 1/6/2022 ADOPTING 29 Findings and Recommendations in full. Plaintiff's Claim III against Defendants Weyer and Valencia relating to the prison grievance process is DISMISSED for failure to state a claim. The action shall proceed on 21 Second Amended Complaint on the following claims: Claims I and IV against Defendants Gamboa, Kennerly, Smith, Marquez, Spangler, Brown, Lelewer, and Montoya for deliberate indifference relating to Plaintiff's suicidal ideation; and Claim II against Defendants Gonzalez, Roth, and Weyer for retaliation. (Huang, H)
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(PC) Rouser v. Gamboa et al Doc. 39 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ROUSER, 12 Plaintiff, 13 14 No. 2:19-cv-01233-TLN-DMC ORDER v. JULIA GAMBOA, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 17 18 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of 19 California local rules. On October 12, 2021, the Magistrate Judge filed findings and recommendations herein 20 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. (ECF No. 29.) Timely objections to the findings and 23 recommendations have been filed. (ECF No. 33.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 adopted in full; 4 5 2. 8 Plaintiff’s Claim III against Defendants Weyer and Valencia relating to the prison grievance process is dismissed for failure to state a claim; and 6 7 The findings and recommendations filed October 12, 2021, (ECF No. 29) are 3. The action shall proceed on Plaintiff’s second amended complaint on the following claims: a. Claims I and IV against Defendants Gamboa, Kennerly, Smith, Marquez, Spangler, Brown, Lelewer, and Montoya for deliberate indifference relating to Plaintiff’s suicidal ideation; and b. Claim II against Defendants Gonzalez, Roth, and Weyer for retaliation. 9 10 11 12 DATED: January 6, 2022 13 14 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2