(PC) Segura v. Coelho

Opinion

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11 OMAR SEGURA, ) Case No.: 1:23-cv-0780 JLT BAM (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DISMISSING 13 v. ) DEFENDANT JOHN DOE 1 WITHOUT ) PREJUDICE 14 MALDONADO, et al., ) ) (Doc. 37) 15 Defendants. ) ) 16 )

17 Omar Segura seeks to hold the defendants liable for violations of his civil rights while 18 incarcerated at North Kern State Prison. (Doc. 7.) Plaintiff stated cognizable claims against 19 Correctional Officers Cohello and “John Doe 1” for excessive force in violation of the Eighth 20 Amendment, and the action is proceeding only as to these defendants. (Docs. 9, 10.) Because Plaintiff 21 did not provide sufficient information to identify “John Doe 1”and to serve the unidentified defendant, 22 the magistrate judge recommended that “Defendant John Doe 1 be dismissed from this action, without 23 prejudice, pursuant to Federal Rule of Civil Procedure 4(m).” (Doc. 37 at 3.) 24 The Court served these Findings and Recommendations on Plaintiff and notified him at that 25 any objections were due within 14 days. (Doc. 37 at 3.) The Court advised Plaintiff the “failure to file 26 objections within the specified time may result in the waiver of the ‘right to challenge the magistrate 27 judge’s factual findings’ on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 28 2014).) Plaintiff did not file objections, and the time to do so expired. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 2 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 3 || supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on July 22, 2024 (Doc. 37) are □□□□□□□ 5 in full. 6 2. The claim against Defendant John Doe 1 is DISMISSED without prejudice. 7 3. The Clerk of Court is directed to update the docket and terminate Defendant John Doe 8 9 || IT IS SO ORDERED. 10 || Dated: _ August 15, 2024 ( LAW ph L. wan 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28