Hawkins v. Ibarra et al
Filing
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ORDER ADOPTING Findings and Recommendations Regarding Dismissal of Certain Claims and Defendant: D.P. Sweeney ; ORDERED that this action shall proceed on Plaintiff's Complaint filed December 14, 2012, against Defendant S. Ibarra; ORDERED that within twenty-one (21) days after service of this order Defendant S. Ibarra shall file an answer,signed by District Judge Anthony W. Ishii on 11/14/14. ( 21-Day Deadline) (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HOMER EARL HAWKINS,
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Plaintiff,
v.
S. IBARRA, et al.,
Defendants.
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1:14-cv-00009-AWI-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF CERTAIN CLAIMS AND
DEFENDANTS
(ECF No. 17)
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Plaintiff Homer Earl Hawkins (“Plaintiff”) is proceeding pro se in this civil rights action
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filed pursuant to 42 U.S.C. § 1983. The action was removed to this Court on January 2, 2014.
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On October 17, 2014, the Magistrate Judge issued Findings and Recommendations that
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this action proceed on Plaintiff’s complaint, originally filed on December 14, 2012, against
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Defendant S. Ibarra for excessive force in violation of the Eighth Amendment; Plaintiff’s
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retaliation and Fourteenth Amendment claims be dismissed from this action; and Defendants
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Sweeney and the Doe Defendants be dismissed from this action. The Findings and
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Recommendations were served on the parties and contained notice that any objections were to be
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filed within fourteen (14) days. (ECF No. 17.) More than fourteen days have passed and no
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objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
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a de novo review of this case. Having carefully reviewed the entire file, the Court finds the
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Findings and Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, issued on October 17, 2014, are adopted in
full;
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This action shall proceed on Plaintiff’s complaint, originally filed on December
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14, 2012, against Defendant S. Ibarra for excessive force in violation of the
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Eighth Amendment;
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3.
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Plaintiff’s retaliation and Fourteenth Amendment claims are dismissed from this
action;
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4.
Defendant Sweeney and the Doe Defendants are dismissed from this action; and
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5.
Within twenty-one (21) days after service of this order, Defendant S. Ibarra shall
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file an answer or other responsive pleading to the complaint.
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IT IS SO ORDERED.
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Dated: November 15, 2014
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SENIOR DISTRICT JUDGE
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