1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VICTORIA GREEN, Case No. 1:23-cv-00973 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECCOMENDATIONS IN FULL 13 v. 14 GREG RODRIGUEZ, MICHAEL (Docs. 24, 40) PALLARES, et al., 15 Defendants. 16

17 On September 25, 2025, the assigned Magistrate Judge issued Findings and 18 Recommendations to grant the motion to dismiss as to Defendant Pallares; find the motion moot 19 as to Defendant California Department of Corrections and Dotson; and allow Plaintiff leave to 20 amend her Eighth Amendment claim against Defendant Pallares. (Doc. 40 at 1, 4.) The 21 Findings and Recommendations were served on Plaintiff and contained notice that objections 22 were to be filed within fourteen days of service. (Id. at 13.) The Court also warned the parties 23 that failure to timely file objections “may result in the waiver of certain rights on appeal.” (Id. 24 (citing Wilkerson v. Wheeler,

(9th Cir. 2014).) No party has filed objections 25 and the time to do so has passed. (See docket.) 26 According to

(b)(1)(C), this Court performed a de novo review of this 27 case. Having carefully reviewed the matter, the Court concludes the Findings and 28 1 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The Findings and Recommendations issued on September 25, 2025 (Doc. 40) are 3 ADOPTED in full. 4 2. Defendants’ Motion to Dismiss (Doc. 24) is GRANTED with respect to Plaintiff's 5 claims against Pallares. 6 3. Defendants’ Motion to Dismiss (Doc. 24) is DENIED as moot with respect to CDCR 7 and Dotson and the request that the Court screen the FAC. 8 4. Plaintiff's FAC (Doc. 9) is DISMISSED without prejudice as to Defendant 9 Pallares and Plaintiff is granted leave to file a second amended complaint within 10 twenty-one days of this order. 11 b IT IS SO ORDERED. 13 | Dated: _ October 24, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28