Opinion
No. 2:18-cv-03224-TLN-EFB
04-14-2020
CYMEYON HILL, Plaintiff, v. RIOS, et al., Defendants.
ORDER
Cymeyon Hill ("Plaintiff"), a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 12, 2020, the magistrate judge filed findings and recommendations which were served on Plaintiff and which contained notice to Plaintiff that any objections to the Findings and Recommendations were to be filed within fourteen days. (ECF No. 21.) Plaintiff filed objections to the Findings and Recommendations on March 2, 2020. (ECF No. 22.)
This Court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the Court assumes its correctness and decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully reviewed the entire file under the applicable legal standards, the Court finds the Findings and Recommendations to be supported by the record and by the magistrate judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed February 12, 2020 (ECF No. 21), are adopted in full;
2. Defendants Rios and White are DISMISSED from this action without prejudice; and
3. This matter is referred back to the assigned magistrate judge to initiate service of process of the Eighth Amendment claim for deliberate indifference to a serious medical need against Defendants Gebheart, Aube, and Curtis pursuant to the Court's E-Service pilot program for civil rights cases for the Eastern District of California.
IT IS SO ORDERED. DATED: April 14, 2020
/s/_________
Troy L. Nunley
United States District Judge