(PC) Wolinski v. Abdulgader et al, No. 2:2021cv02078 - Document 34 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Daniel J. Calabretta on 5/11/2023 ADOPTING 28 Findings and Recommendations in full. This case is allowed to proceed only as to defendants Abdulgader and Williams. Defendants Burton, Weinholdt, and Petersen are DISMISSED without further leave to amend and Defendants Osmon, Benavidez, Tran, Montgomery, Singh, Butterfield, and Macato are DISMISSED without prejudice. (Perdue, C.)
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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 KRZYSZTOF F. WOLINSKI, Plaintiff, 12 13 14 15 No. 2:21-cv-02078-DJC-CKD P v. ORDER ADBULBASET ADBULGADER et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 6, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff has filed objections to the findings and recommendations indicating 24 that he agrees to file a new lawsuit against the defendants employed at the California 25 Medical Facility (“CMF”) as recommended by the Magistrate Judge. ECF No. 33 at 4. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 27 304, this Court has conducted a de novo review of this case. Having carefully 28 reviewed the entire file, the Court finds the findings and recommendations to be 1 1 supported by the record and by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed March 6, 2023, are adopted in full; 4 2. This case is allowed to proceed only as to defendants Abdulgader and 5 Williams based on the retaliation and deliberate indifference claims alleged in the first 6 amended complaint; 3. Defendants Burton, Weinholdt, and Petersen are dismissed without further 7 8 leave to amend for failing to state a claim upon which relief may be granted; and 9 4. Defendants Osmon, Benavidez, Tran, Montgomery, Singh, Butterfield, and 10 Macato are dismissed without prejudice to filing a separate civil action because they 11 are improperly joined to the present suit. 5. The Clerk of Court shall terminate defendants Burton, Weinholdt, Petersen, 12 13 Osmon, Benavidez, Tran, Montgomery, Singh, Butterfield, and Macato from the 14 docket in this action. 15 16 IT IS SO ORDERED. 17 18 Dated: May 11, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 12/woli2078.804 26 27 28 2
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