Buchanan v. Clark et al

Filing 18

ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS; ORDERED that Plaintiff is permitted to proceed on his Eighth Amendment claim that Defendants Clark and Erickson used excessive force and all Plaintiff's remaining claims are DISMISSED without prejudice, signed by District Judge Lawrence J. O'Neill on 02/02/2012. (Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

WHITTIER BUCHANAN,
Plaintiff,

10
v.

11
12

G. CLARK, et al.,

1:09-cv-02029-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 17)

Defendants.

13
14
15

_______________________________/

16
17

Plaintiff Whittier Buchanan (“Plaintiff”) is a prisoner proceeding pro se and in forma

18

pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred

19

to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

20

302.

21

On November 22, 2011, the Magistrate Judge filed a Findings and

22

Recommendation, recommending dismissal of certain of Plaintiff’s claims and

23

defendants. (ECF No. 17.) Plaintiff has failed to file objections to the Findings and

24

Recommendation.

25

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305,

26

this Court has conducted a de novo review of this case. Having carefully reviewed the

27

entire file, the Court finds the Findings and Recommendations to be supported by the

28

record and by proper analysis.
///

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed November 22, 2011, are adopted

2.

Plaintiff is permitted to proceed on his Eighth Amendment claim that

3

in full;

4
5

Defendants Clark and Erickson used excessive force; and
3.

6

All of Plaintiff’s remaining claims are DISMISSED without prejudice.

7

IT IS SO ORDERED.

8

Dated:
b9ed48

February 2, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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