Charlene Stith v. Greg Rodriguez, Michael Pallares

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLENE STITH, Case No. 1:23-cv-00947 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN FULL

13 v. (Docs. 27, 44) 14 GREG RODRIGUEZ, MICHAEL

PALLARES,

15 Defendants. 16 17 18 Charlene Stith is a state prisoner proceeding through counsel on her First Amended 19 Complaint for Violation of Civil and Constitutional Rights under 42 U.S.C. § 1983. (Doc. 15, 20 “FAC”.) The assigned Magistrate Judge issued Findings and Recommendations to grant 21 Defendant’s Pallares motion to dismiss; find the motion moot as to Defendant California 22 Department of Corrections; and allow Plaintiff leave to amend her Eighth Amendment claim 23 against Defendant Pallares. (Doc. 44 at 1, 6.) The Court served the Findings and 24 Recommendations the parties and notified them that any objections were to be filed within 14 25 days. (Id. at 12.) The Court also warned the parties that failure to timely file objections “may 26 result in the waiver of certain rights on appeal.” (Id. (citing…