(PC) Cortinas v. Vasquez

Opinion

LARRY WILLIAM CORTINAS, Case No. 1:19-cv-00367-JLT-SKO (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS FOLLOWING v. EVIDENTIARY HEARING

VASQUEZ, et al., (Doc. 157) Defendants. Plaintiff seeks to hold the defendants liable for civil rights violations pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Following an evidentiary hearing, the magistrate judge recommended Plaintiff’s deliberate indifference to serious medical needs claim against Defendant Ramos be permitted to proceed, and that his sexual assault claims against all Defendants be dismissed with prejudice. (Doc. 157.) The Court advised the parties that any objections were due within fourteen days and that the “failure to file objections within the specified time may result in waiver of his rights on appeal.” (Id. at 19-20, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). Plaintiff timely filed his objections.1 (Doc. 158.)

1 Plaintiff signed and dated his objections on June 26, 2023, and the accompanying proof of service According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. Having carefully reviewed the matter, including Plaintiffs objections, the Court concludes the Findings and Recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations issued on June 20, 2023 (Doc. 157) are ADOPTED in full. 2. Plaintiff's deliberate indifference to serious medical needs claim against Defendant Ramos SHALL proceed. 3. Plaintiff's sexual assault claims against all Defendants are DISMISSED with prejudice. 4. This action proceeds on the following claims: Eighth Amendment excessive force claims against Defendants Vasquez, Fisher and Washington, and an Eighth Amendment deliberate indifference to serious medical needs claim against Defendant Ramos; and 5. This action is referred to the magistrate judge for further proceedings. Dated: _ September 27, 2023 Charis [Tourn TED STATES DISTRICT JUDGE