Librado Solano v. Starfas et al

Filing 60

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Otis D. Wright, II 59 .IT IS HEREBY ORDERED that: Defendants motion for summary judgment is denied as to Plaintiffs excessive force claim against Defendants Ke rekes and Ascedo and Plaintiffs failure to intervene claim against Defendant Dullen. Defendants motion for summary judgment is granted as to Plainitffs claims against Defendants Starfas and Johnson as well as Plaintiffs deliberate indifference to medical needs claim 46 . (twdb)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11

LIBRADO SOLANO, JR.,

12

Plaintiff,
v.

13
14

JOSEPH DAVIS et al.,

15

Defendants.

16
17

)
)
)
)
)
)
)
)
)
)
)
)
)

No. CV 13-01164-ODW (DFM)
Order Accepting Report and
Recommendation of United States
Magistrate Judge

18
19

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

20

Complaint, the parties’ motion and opposition papers, the records on file, and

21

the Report and Recommendation of the assigned United States Magistrate

22

Judge. Neither party has filed any written objections to the report.

23

IT IS HEREBY ORDERED that:

24

1.

The Report and Recommendation is approved and accepted.

25

2.

Defendants’ motion for summary judgment is denied as to

26

Plaintiff’s excessive force claim against Defendants Kerekes and Ascedo and

27

Plaintiff’s failure to intervene claim against Defendant Dullen.

28

///

1

3.

Defendants’ motion for summary judgment is granted as to

2

Plainitff’s claims against Defendants Starfas and Johnson as well as Plaintiff’s

3

deliberate indifference to medical needs claim.

4
5

Dated: November 17, 2014

______________________________
OTIS D. WRIGHT II
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2