(PC) Cortinas v. Ikegbu et al, No. 2:2023cv00285 - Document 40 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Troy L. Nunley on 12/20/23 ADOPTING 30 Findings and Recommendations in full, DISMISSING Plaintiff's First Amendment Retaliation claim and civil conspiracy claim without leave to amend; DISMISSING Defendants Gates, Newman, and Benavidez and Cueva from this action and ORDERING that this action will proceed on Plaintiff's Eighth Amendment deliberate indifference claim against Defendants Ikegbu, Osman, Haile, and Patterson. (Benson, A.)
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(PC) Cortinas v. Ikegbu et al Doc. 40 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS, 12 Plaintiff, 13 14 No. 2:23-cv-00285-TLN-CKD v. ORDER N. IKEGBU, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 17 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 November 1, 2023, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 //// 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 1, 2023 (ECF No. 30) are ADOPTED IN FULL; 4 2. The Court DISMISSES Plaintiff’s First Amendment Retaliation claim and 5 civil conspiracy claim without leave to amend, and Defendant’s Gates, 6 Newman, and Benavidez and Cueva are DISMISSED from this action; and 7 8 9 3. This action will proceed on Plaintiff’s Eighth Amendment deliberate indifference claim against Defendants Ikegbu, Osman, Haile, and Patterson. Date: December 20, 2023 10 11 Troy L. Nunley 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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