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Order — No. 2:22-cv-00569 (Dkt. 36, E.D. Cal.)

Summary

An order in Daniel Verduzco v. B. Jao, et al., No. 2:22-CV-00569-TLN-DMC, in the U.S. District Court for the Eastern District of California, filed September 25, 2024 as Document 36 (2 pages) and dated September 24, 2024, with the signature block of Judge Troy L. Nunley. The plaintiff, a prisoner proceeding pro se, sues under 42 U.S.C. § 1983. With no objections filed, the Court adopts in full the magistrate judge's findings and recommendations filed July 12, 2024 (ECF No. 26). The action proceeds on Eighth Amendment deliberate indifference claims against Defendants Tran, Jao, Areja, Mohammed, Ojagwu and Sill, all other claims and twelve other defendants are dismissed for failure to state a claim, and the matter returns to the magistrate judge.

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“Order — No. 2:22-cv-00569 (Dkt. 36, E.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-2-22-cv-00569-dkt-36-e-d-cal-7d2431c3a5/, SHA-256 d1f6f14d73749f1a7e3ba47486bb9726d1ac1dac0355b11598a5cc024f6f3181.

Full text

     Case 2:22-cv-00569-TLN-DMC Document 36 Filed 09/25/24 Page 1 of 2


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 8                                    UNITED STATES DISTRICT COURT

 9                                EASTERN DISTRICT OF CALIFORNIA

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11    DANIEL VERDUZCO,                                  No. 2:22-CV-00569-TLN-DMC
12                       Plaintiff,
13           v.                                         ORDER
14    B. JAO, et al.,
15                       Defendants.
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17          Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C.

18   § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District

19   of California Local Rules.

20          On July 12, 2024, the magistrate judge filed findings and recommendations herein which

21   were served on the parties, and which contained notice that the parties may file objections within

22   the time specified therein. No objections to the findings and recommendations have been filed.

23          The Court has reviewed the file and finds the findings and recommendations to be

24   supported by the record and the magistrate judge’s analysis.

25   ///

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     Case 2:22-cv-00569-TLN-DMC Document 36 Filed 09/25/24 Page 2 of 2


 1          Accordingly, IT IS HEREBY ORDERED as follows:

 2          1.      The findings and recommendations filed July 12, 2024, ECF No. 26, are

 3   ADOPTED IN FULL.

 4          2.      This action proceeds as to the following claims and Defendants:

 5                  a.     Eighth Amendment claims against Defendants Tran and
                           Jao in the first claim alleging deliberate indifference during suicide watch
 6                         and Plaintiff’s self-injury in August 2019.
 7                  b.     Eighth Amendment claims against Defendants Areja,
                           Mohammed, and Ojagwu in the second claim alleging deliberate
 8                         indifference during suicide watch and Plaintiff’s self-injury in October
                           2019.
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                    c.     Eighth Amendment claim against Defendant Sill in the
10                         third claim alleging deliberate indifference to Plaintiff’s self-injury in
                           May 2020.
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12          3.      All other claims are dismissed for failure to state a claim upon which relief can be

13   granted.

14          4.      Defendants Ferrera, Rosenof, Recarey, Lowe, Prasad, Brunner, Martinez, Yang,

15   Blumenthal, Jones, Purtie, and Singh are dismissed for failure to state a claim against whom relief

16   can be granted, and the Clerk of the Court is directed to terminate these parties as Defendants.

17          5.      This matter is referred back to the assigned magistrate judge for further

18   proceedings.

19   Date: September 24, 2024

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                                Troy L. Nunley
23                              United States District Judge
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