Garcia v. Juarez
Filing
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FINDINGS and RECOMMENDATIONS recommending that this case proceed on the First Amended Complaint against Defendant Juarez for use of excessive force in violation of the Eighth Amendment; All other claims be DISMISSED from this action; Plaintiff's equal protection claim be DISMISSED from this action; This case be REFERRED back to the Magistrate Judge for further proceedings, including initiation of service of process re 11 Amended Prisoner Civil Rights Complaint ; referred to Judge Ishii,signed by Magistrate Judge Gary S. Austin on 03/28/2014. Objections to F&R due by 4/21/2014 (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERTO M. GARCIA, JR.,
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Plaintiff,
vs.
MATTHEW M. JUAREZ, JR.,
Defendant.
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1:12-cv-00750-AWI-GSA-PC
FINDINGS AND RECOMMENDATIONS
FOR THIS CASE TO PROCEED ONLY
AGAINST DEFENDANT JUAREZ FOR
USE OF EXCESSIVE FORCE, AND
DISMISSING ALL OTHER CLAIMS
OBJECTIONS, IF ANY, DUE IN
TWENTY (20) DAYS
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Roberto M. Garcia, Jr. (APlaintiff@) is a state prisoner proceeding pro se and in forma
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pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint
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commencing this action on May 8, 2012.
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Complaint on June 14, 2013. (Doc. 11.) The First Amended Complaint named one defendant,
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Sergeant Matthew M. Juarez, Jr., and brought claims for use of excessive force and violation of
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equal protection.
(Doc. 1.)
Plaintiff filed the First Amended
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The court screened the First Amended Complaint pursuant to 28 U.S.C. 1915A and
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entered an order on February 24, 2014, for Plaintiff to either file a Second Amended Complaint
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or notify the court that he is willing to proceed only on the claims found cognizable by the
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court. (Doc. 16.) On March 24, 2014, Plaintiff filed a notice informing the court that he is
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willing to proceed only on the cognizable Eighth Amendment excessive force claim against
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defendant Juarez, and does not wish to file a Second Amended Complaint. (Doc. 17.)
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Therefore, the court HEREBY RECOMMENDS that:
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1.
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This case proceed on the First Amended Complaint against defendant Juarez for
use of excessive force in violation of the Eighth Amendment;
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All other claims be dismissed from this action;
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3.
Plaintiff’s equal protection claim be dismissed from this action; and
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This case be referred back to the Magistrate Judge for further proceedings,
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including initiation of service of process.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within twenty
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(20) days after being served with these findings and recommendations, Plaintiff may file
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written objections with the court.
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Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file
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objections within the specified time may waive the right to appeal the District Court's order.
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
Such a document should be captioned "Objections to
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IT IS SO ORDERED.
Dated:
March 28, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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