Curtis Lee Henderson, Sr. v. Fresno County Jail, et al.

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA CURTIS LEE HENDERSON, SR., Case No.: 1:24-cv-001569 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. CERTAIN CLAIMS AND DEFENDANTS FRESNO COUNTY JAIL, et al., (Docs. 21 & 22) 15 Defendants.

17 Plaintiff seeks to hold defendants liable for violations of his civil rights. Following screening, and Plaintiff’s election to proceed on the claims found cognizable by the Court, the assigned magistrate judge recommended this action proceed only on Plaintiff’s First Amendment retaliation claim against Defendant Lopez; Eighth Amendment deliberate indifference to serious medical needs claims against Defendants Arce, Bergovskaya, Gill, and Lopez; Eighth Amendment excessive force claim against Defendant Sanchez; Eighth Amendment sexual assault claim against Defendant Campos; and Eighth Amendment failure to protect claim against Defendant Blackmon, in their individual capacities only; the remaining claims and defendants to be dismissed. (Doc. 22.) The Court served the Findings and Recommendations on Plaintiff and notified him that any objections were due within fourteen days and advised that the “failure to file objections within the specified time may result in the waiver of certain rights on appeal.” (Id. at 3, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff filed objections.

1 | (Doc. 23.)

2 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

3 | The Court concludes the Findings and Recommendations are supported by the record and proper | analysis.

5 Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued December 4, 2025 (Doc. 22) are 7 ADOPTED in full.

8 2. This action PROCEEDS only on Plaintiff's First Amendment retaliation claim 9 against Defendant Lopez; Eighth Amendment deliberate indifference to serious 10 medical needs claims against Defendants Arce, Bergovskaya, Gill, and Lopez; Eighth 11 Amendment excessive force claim against Defendant Sanchez; Eighth Amendment 12 sexual assault claim against Defendant Campos; and Eighth Amendment failure to 13 protect claim against Defendant Blackmon; in each instance in their individual 14 capacities only.

15 3. Any remaining claims in Plaintiff's complaint are DISMISSED.

16 4. Defendants Fresno County Jail, John Zanoni, Moorer, D. Cliffton, Styles, Mora, P. 17 Garcia, and B. Navarro are DISMISSED from the action.

18 5. The Clerk of Court is directed to update the docket and terminate the Fresno County 19 Jail and Zanoni, Moorer, Cliffton, Styles, Mora, Garcia, and Navarro as defendants.

IT IS SO ORDERED.

22 | Dated: _ January 12, 2026 Charis [Tourn TED STATES DISTRICT JUDGE