(PC) Del Toro v. Daram et al, No. 2:2022cv00725 - Document 20 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Daniel J. Calabretta on 05/02/2023 ADOPTING 9 Findings and Recommendations in full. The Eighth Amendment claim against defendant Antwong is DISMISSED without leave to amend; and This case is REFERRED back to the assigned Magistrate Judge for all further pretrial proceedings. (Rodriguez, E)
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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 STEVEN DEL TORO, Plaintiff, 12 13 14 15 No. 2:22-cv-0725-DJC-AC-P v. ORDER VASUKI DARAM, 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 13, 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 twenty-one 23 days. (ECF No. 9.) Plaintiff has not filed objections to the findings and 24 recommendations. 25 The Court has reviewed the file and finds the findings and recommendations to 26 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 27 HEREBY ORDERED that: 28 1 1. The findings and recommendations filed March 13, 2023 (ECF No. 9), are 1 2 adopted in full; 2. The Eighth Amendment claim against defendant Antwong is dismissed 3 4 without leave to amend; and 3. This case is referred back to the assigned magistrate judge for all further 5 6 pretrial proceedings. 7 8 IT IS SO ORDERED. 9 10 11 Dated: May 2, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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