Bonner v. Gipson et al

Filing 11

ORDER Adopting 10 Findings and Recommendations In Full that Action Proceed on Plaintiff'sExcessive Force Claims against Defendants Sgt. Scaife & C.O. Holguin and that all Other Claims and Defendants be Dismissed, signed by District Judge Lawrence J. O'Neill on 08/20/14. Connie Gipson, M.P. Hernandez, M. Jennings, A. Nadai, M.S. Robicheaux, A. Cruz and M. Gaboa Terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-00610-LJO-JLT (PC)
WILLIAM ROY BONNER,
Plaintiff,

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v.

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GIPSON, et al.,
Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL THAT ACTION
PROCEED ON PLAINTIFF'S EXCESSIVE
FORCE CLAIMS AGAINST DEFENDANTS SGT.
SCAIFE & C.O. HOLGUIN AND THAT ALL
OTHER CLAIMS AND DEFENDANTS BE
DISMISSED
(Docs. 1, 8, 10)

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Plaintiff, William Roy Bonner, is a state prisoner proceeding pro se and in forma pauperis
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in this civil action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.
On August 28, 2008, the Magistrate Judge filed a Findings and Recommendations herein
which was served on Plaintiff and which contained notice that any objection to the Findings and
Recommendations was to be filed within twenty days. No Objection was filed.1
In accordance with the provisions of 28 U.S.C. ' 636(b)(1)(C), this Court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the Court finds the
Findings and Recommendations to be supported by the record and by proper analysis.

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The Findings and Recommendations was triggered by Plaintiff=s decision not to file an amended complaint
and to proceed only on the claims found to be cognizable by the Magistrate Judge in her order of June 11, 2014.
(Docs. 8, 9.)

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Accordingly, it is HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed July 9, 2014, is adopted in full;

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2.

This action shall proceed on Plaintiff=s Complaint, filed April 25, 2014, against

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Defendants Sgt. N. Scaife and C/O M. Holguin on Plaintiff's Eighth Amendment

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excessive force claims;

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3.

Defendants Connie Gipson, M. Jennings, M. Gaboa, M.S. Robicheaux, A. Cruz,

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A. Nadai, and M.P. Hernandez and all other claims are dismissed for Plaintiff's

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failure to state a claim upon which relief may be granted;

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4.

the Clerk's Office shall terminate Defendants Connie Gipson, M. Jennings, M.

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Gaboa, M.S. Robicheaux, A. Cruz, A. Nadai, and M.P. Hernandez as parties

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pursuant to their dismissal from this action; and

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5.

the action is referred back to the Magistrate Judge for service and further
proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 20, 2014

UNITED STATES DISTRICT JUDGE

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