(PC) Bucaojit v. Solano County Sheriff's Department et al, No. 2:2019cv02055 - Document 28 (E.D. Cal. 2021)
Court Description: ORDER signed by Senior Judge William B. Shubb on 4/2/2021 ADOPTING in FULL 26 Findings and Recommendations. This action shall proceed on the third amended complaint's ADA claims against Solano County, Hun and Carreon in their official capacit ies. All other claims and defendants in the complaint are DISMISSED without leave to amend, and the case is REFERRED back to the magistrate judge for all pretrial proceedings, including initiating service of process on defendants Solano County, Hun, and Carreon.(Reader, L)
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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 ANDREW MICHAEL BUCAOJIT, 12 13 14 No. 2:19-cv-2055-WBS-JDP (PC) Plaintiff, v. ORDER SOLANO COUNTY, 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The 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 February 23, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 23 objections to the findings and recommendations.1 24 25 26 27 28 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 1 Plaintiff, however, has filed a document in which he states that he wants to move forward with his ADA claims and any other claims the court allows to proceed. ECF No. 27. Plaintiff’s filing, while not directly responsive to the magistrate judge’s findings and recommendations, has been considered by the court. 1 1 ORDERED that: 2 1. The findings and recommendations filed February 23, 2021, are adopted in full; 3 2. This action shall proceed on the third amended complaint’s ADA claims against 4 Solano County and against defendants Hun and Carreon in their official capacities based on: (1) 5 (1) denial of the ability to shower in January 2019; (2) denial of a handicap bathroom while 6 incarcerated at the Stanton Facility; and (3) confiscation of plaintiff’s wheelchair in November 7 2018; 8 9 10 3. All other claims and defendants in the complaint are dismissed without leave to amend; and 4. The case is referred back to the magistrate judge for all pretrial proceedings, including 11 initiating service of process on defendants Solano County, Hun, and Carreon. 12 Dated: April 2, 2021 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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