Cauthen v. Rivera et al

Filing 68

ORDER Adopting Findings and Recommendations 67 and Granting Defendants' Motion for Partial Summary Judgment 62 , signed by District Judge Lawrence J. O'Neill on 6/17/15. Rhennee Mackey and Constance Waddle terminated. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SAFIDI CAUTHEN, JR.,

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Plaintiff,
v.

Case No. 1:12-cv-01747 LJO DLB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANTS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT

RIVERA et al.,
(Document 67)

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Defendants.

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Plaintiff David Safidi Cauthen, Jr. (“Plaintiff”), a state prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 26, 2012.

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On November 13, 2014, Defendants filed a motion for partial summary judgment. The

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

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Local Rule 302.

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On May 4, 2015, the Magistrate Judge issued Findings and Recommendations to grant

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Defendants’ motion. The Findings and Recommendations were served on the parties and contained

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notice that any objections to the Findings and Recommendations were to be filed within thirty days.

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Neither party has filed objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds that the Findings

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and Recommendations are supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed May 4, 2015, are ADOPTED in full;

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2.

Defendants’ motion for partial summary judgment (Document 62) is GRANTED;

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3.

Defendants Waddle and Mackey are entitled to summary judgment on all claims

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against them and JUDGMENT SHALL BE ENTERED in their favor; and
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This action SHALL PROCEED on Plaintiff’s excessive force claim against

Defendants Rivera, Northcutt, Negrete, Arreola and King.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

June 17, 2015

UNITED STATES DISTRICT JUDGE
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