(PC) Calderon v. Vue et al, No. 2:2022cv00124 - Document 40 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 10/18/2023 ADOPTING 36 Findings and Recommendations in full and REFERRING this action back to the assigned Magistrate Judge for further proceedings. Defendant R. Freitas is dismissed from this action. (Clemente Licea, O)

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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 JUAN CRISTOBAL CALDERON, 12 13 14 15 No. 2:22-cv-00124-DAD-CKD Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS C. VUE, et al., (Doc. No. 36) Defendants. 16 17 Plaintiff Juan Cristobal Calderon is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 3, 2023, defense counsel filed a notice of death of defendant R. Freitas. (Doc. 21 No. 31.) No motion for the substitution of a proper party pursuant to Federal Rule of Civil 22 Procedure 25 was filed. 23 Consequently, on August 15, 2023, the assigned magistrate judge issued findings and 24 recommendations recommending that defendant R. Freitas be dismissed from this action. (Doc. 25 No. 36.) Those pending findings and recommendations were served on the parties and contained 26 notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 27 1–2.) To date, no objections to the pending findings and recommendations have been filed, and 28 the time in which to do so has now passed. 1 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 the case. Having carefully reviewed the entire file, the court concludes that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly, 5 1. 6 The findings and recommendations issued on August 15, 2023 (Doc. No. 36) are adopted in full; 7 2. Defendant R. Freitas is dismissed from this action; 8 3. The Clerk of the Court is directed to update the docket to reflect that defendant R. 9 Freitas has been terminated as a named defendant in this action; and 10 4. 11 proceedings. 12 13 This action is referred back to the assigned magistrate judge for further IT IS SO ORDERED. Dated: October 18, 2023 DALE A. DROZD UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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