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

. (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 Wilkerson v. Wheeler,

, 27 839 (9th Cir. 2014).) No party has filed objections and the time to do so has passed. (See 28 docket.) 1 According to

(b)(1)(C), this Court performed a de novo review of this 2 | case. Having carefully reviewed the matter, the Court concludes the Findings and 3 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations, issued on September 25, 2025 (Doc. 44), are 5 ADOPTED in full. 6 2. Defendants’ Motion to Dismiss (Doc. 27) is GRANTED with respect to Plaintiff's 7 claims against Defendant Pallares. 8 3. Defendants’ Motion to Dismiss (Doc. 27) is DENIED as moot with respect to CDCR 9 and the request that the Court screen the FAC. 10 4. Plaintiffs FAC (Doc. 15) is DISMISSED without prejudice as to Defendant 11 Pallares and Plaintiff is granted leave to file a second amended complaint within 12 twenty-one days of this order. 13 4 IT IS SO ORDERED. 15 Dated: _ October 24, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28