Campbell v. Beard et al

Filing 14

ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS, Recommending That This Action Proceed on Plaintiff's Excessive Force Claim Against Defendants Mendez, Aguinaga, Ramos, and Cardenas, DISMISSING All Other Claims and Defendants, and REFERRING Mat ter Back to Magistrate Judge for Initiation of Service of Process, signed by District Judge Lawrence J. O'Neill on 10/27/2014. Jeffery Beard, P. D. Brazelton, J. Buckley, R. Fisher, Jr., J. Herrera, J. Morgan, C. Nevarez, A. Salas, J. A. Zamora, D. B. Allen and M. Barajas terminated. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY TYRONE CAMPBELL, SR.

12
13
14
15

Plaintiff,
v.
JEFFREY BEARD, et al.,
Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)
)
)

Case No.:1:14-cv-00801-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, RECOMMENDING
ACTION PROCEED ON PLAINTIFF’S
EXCESSIVE FORCE CLAIM AGAINST
DEFENDANTS MENDEZ, AGUINAGA, RAMOS,
AND CARDENAS, DISMISSING ALL OTHER
CLAIMS AND DEFENDANTS, AND REFERRING
MATTER BACK TO MAGISTRATE JUDGE FOR
INITATION OF SERVICE OF PROCESS
[ECF No. 13]

Plaintiff Anthony Tyrone Campbell Sr. is appearing pro se and in forma pauperis in this civil

19

rights action pursuant to 42 U.S.C. § 1983.

20

On September 19, 2014, the Magistrate Judge screened Plaintiff’s first amended complaint pursuant to

21

28 U.S.C. § 1915A, and recommended that this action shall proceed on Plaintiff’s claim of excessive

22

force against Defendants J. Mendez, D. Aguinaga, T. Ramos, and D. Cardenas; and Plaintiff’s due

23

process claim against C. Nevarez be dismissed for failure to state a cognizable claim for relief. The

24

recommendation was served on Plaintiff and contained notice that objections were to be filed within

25

twenty days. No objections were filed.

26

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

27

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

28

Recommendations to be supported by the record and by proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed on September 19, 2014 is adopted in full;

3

2.

This action shall proceed on Plaintiff’s claim of excessive force against Defendants J.

4

Mendez, D. Aguinaga, T. Ramos, and D. Cardenas; and Plaintiff’s due process claim against

5

C. Nevarez be dismissed for failure to state a cognizable claim for relief; and

6

3.

The matter is referred back to the Magistrate Judge for initiation of service of process.

7
8
9
10

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 27, 2014

UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2