Gonzales v. Cortez et al

Filing 19

ORDER ADOPTING 18 Findings and Recommendations and DISMISSING Certain Claims and Defendants, signed by District Judge Lawrence J. O'Neill on 3/1/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GONZALES,

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Plaintiff,

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v.
R. CORTEZ, et al.,

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1:10-cv-00393-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 18)

Defendants.
_______________________________/

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Plaintiff Michael Gonzales is a state prisoner proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 1, 2013, the Magistrate Judge filed a Findings and Recommendations,

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recommending dismissal of certain of Plaintiff’s claims and Defendants. (ECF No. 18.) Plaintiff

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has failed to file objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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

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Court finds the Findings and Recommendations to be supported by the record and by proper

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analysis.

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///

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///
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed February 1, 2013, are adopted in full;

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Plaintiff be allowed to proceed on his Eighth Amendment excessive force claim

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against Defendant Castro; and

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3.

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All of Plaintiff’s remaining claims and the remaining Defendants be DISMISSED
from this action.

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IT IS SO ORDERED.

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Dated:

March 1, 2013

/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE

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