(PC) Hunter v. Sacramento County et al, No. 2:2022cv01282 - Document 18 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 5/16/2023 ADOPTING 15 The Findings and Recommendations in full; This action shall proceed on Plaintiff's claims of deprivation of out-of-cell time brought against defendants Rolland, Calp, Bl iss, Haw, Galvez, Ayers, Traxler, Minor, Sacramento County, Biagi, and Ahlers. All other claims brought by Plaintiff in this action are DISMISSED; Defendant Kibak is TERMINADED as a named defendant in this action; and This action is referred back to the assigned Magistrate judge for further proceedings consistent with this order.(Mena-Sanchez, 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 BRANDON EUGENE HUNTER, 12 13 14 15 No. 2:22-cv-01282-DAD-EFB (PC) Plaintiff, v. SACRAMENTO COUNTY, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND A DEFENDANT (Doc. No. 15) 16 17 Plaintiff Brandon Eugene Hunter is a county jail inmate 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 January 6, 2023, the assigned magistrate judge screened plaintiff’s first amended 21 complaint filed in this action and found that plaintiff had stated potentially cognizable 22 constitutional claims related to allegations of the deprivation of out-of-cell time against 23 defendants Rolland, Calp, Bliss, Haw, Galvez, Ayers, Traxler, Minor, Sacramento County, Biagi, 24 and Ahlers, but that plaintiff had failed to state any other cognizable claims. (Doc. No. 11.) 25 Plaintiff was granted leave to file an amended complaint or notify the court of his willingness to 26 proceed only on the claims found to be cognizable in the screening order within thirty (30) days 27 after service of the screening order. (Id. at 5.) On February 21, 2023, plaintiff notified the court 28 that he was willing to proceed only on the claims identified by the magistrate judge in the 1 1 screening order as cognizable. (Doc. No. 14.) 2 Consequently, on February 28, 2023, the assigned magistrate judge issued findings and 3 recommendations recommending that this action proceed on plaintiff’s claims found to be 4 cognizable in the screening order and that all other claims brought by plaintiff in his complaint be 5 dismissed, including all claims brought against defendant Kibak. (Doc. No. 15.) The pending 6 findings and recommendations were served on plaintiff and contained notice that any objections 7 thereto were to be filed within fourteen (14) days after service. (Id. at 2.) To date, no objections 8 have been filed, and the time in which to do so has now passed. 9 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 10 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 11 findings and recommendations are supported by the record and proper analysis. 12 Accordingly, 13 1. 14 The findings and recommendations issued on February 28, 2023 (Doc. No. 15) are adopted in full; 15 2. This action shall proceed on plaintiff’s claims of deprivation of out-of-cell time 16 brought against defendants Rolland, Calp, Bliss, Haw, Galvez, Ayers, Traxler, 17 Minor, Sacramento County, Biagi, and Ahlers; 18 3. All other claims brought by plaintiff in this action are dismissed; 19 4. Defendant Kibak is terminated as a named defendant in this action; and 20 5. This action is referred back to the assigned magistrate judge for further 21 proceedings consistent with this order. 22 23 IT IS SO ORDERED. Dated: May 16, 2023 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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