Hazeltine v. Hicks et al

Filing 15

ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 04/23/2015. Frances Hicks and Aldo Mendez terminated from action. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICK HAZELTINE,

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Case No. 1:14-cv-00056 LJO DLB PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATION

v.

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FRANCES HICKS, et al.,

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Defendants.

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Plaintiff Rick Hazeltine is a civil detainee proceeding pro se and in forma pauperis in this

18 civil rights action filed pursuant to 42 U.S.C. § 1983 on January 15, 2014. The matter was
19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
20 Rule 302.
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On March 3, 2015, the Magistrate Judge issued Findings and Recommendations that the

22 action be ORDERED to proceed on the following claim: Excessive force in violation of the
23 Eighth Amendment against Defendants Ian Young, Benjamin Gamez, Rashaun Casper, Julius
24 Oldan, Porfirio Sanchez Negrete, David Avilia, Rickey Smith, and Charles Ho. The Magistrate
25 Judge recommended that all other claims, and Defendants Frances Hicks and Aldo Mendez, be
26 DISMISSED from the action. The Findings and Recommendations were served on Plaintiff and
27 contained notice that any objections were to be filed within fourteen (14) days. Over fourteen
28 days have passed and Plaintiff has not filed objections.

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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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2 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
3 Findings 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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The Findings and Recommendations, filed March 3, 2015, are ADOPTED in full;

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This action is ORDERED to proceed on the following claim: Excessive force in violation

7 of the Eighth Amendment against Defendants Ian Young, Benjamin Gamez, Rashaun Casper,
8 Julius Oldan, Porfirio Sanchez Negrete, David Avilia, Rickey Smith, and Charles Ho;
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All other claims, and Defendants Frances Hicks and Aldo Mendez, are DISMISSED

10 from the action.
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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

April 23, 2015

UNITED STATES DISTRICT JUDGE
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