Hunter v. Youngblood et al

Filing 22

ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS; ORDER for this Action to Proceed Only Against Defendant Hinojosa for Excessive Force Under the due Process Clause, and Dismissing all Remaining Claims and Defendants signed by District Judge Lawrence J. O'Neill on 10/01/2009. Defendants Mann; Donny Youngblood; P Davis and Edward R. Jagels terminated from action. (Flores, E)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. _____________________________/ Leroy Dewitt Hunter ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. On September 3, 2009, findings and recommendations were entered, recommending that this action proceed only against defendant Hinojosa for excessive force under the Due Process Clause, and that all other claims and defendants be dismissed. On September 16, 2009, plaintiff filed a statement of non-opposition to the findings and recommendations. In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73305, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and proper analysis. 1 vs. YOUNGBLOOD, et al., LEROY DEWITT HUNTER, Plaintiff, 1:07-cv-00373-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 20.) ORDER FOR THIS ACTION TO PROCEED ONLY AGAINST DEFENDANT HINOJOSA FOR EXCESSIVE FORCE UNDER THE DUE PROCESS CLAUSE, AND DISMISSING ALL REMAINING CLAIMS AND DEFENDANTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on September 3, 2009, are adopted in full; 2. This action now proceeds only against defendant Hinojosa for excessive force under the Due Process Clause; 3. All remaining claims and defendants are dismissed from this action; 4. Defendants Kern County Sheriff Donny Youngblood, Officer P. Davis, Deputy Sheriff Sergeant Mann, and District Attorney Edward R. Jagels are dismissed from this action based on Plaintiff's failure to state any claims upon which relief may be granted against them; and 5. Plaintiff's claims for equal protection, supervisory liability, and malicious prosecution are dismissed for failure to state a claim upon which relief may be granted under section 1983; and 6. The Clerk is directed to reflect the dismissal of defendants Kern County Sheriff Donny Youngblood, Officer P. Davis, Deputy Sheriff Sergeant Mann, and District Attorney Edward R. Jagels from this action on the court's docket.

IT IS SO ORDERED. Dated: 66h44d October 1, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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