Trujillo v. Biter

Filing 98

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 1 17 , 19 & 89 , signed by Chief Judge Lawrence J. O'Neill on 3/5/2018: All claims and defendants, except for Plaintiff's claims against Officers Gomez, Juarez, and Fernandez for excessive force in violation of the Eighth Amendment, be DISMISSED. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

Case No. 1:14-cv-01370-LJO-EPG (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

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v.
(ECF NOS. 17, 19, & 89)
GOMEZ, et al.,

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Defendants.

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Guillermo Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred

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to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 26, 2017, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations, recommending that all claims and defendants, except for Plaintiff’s claims

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against Officers Gomez, Juarez, and Fernandez for excessive force in violation of the Eighth

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Amendment, be dismissed. (ECF No. 89, p. 8).

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The parties were provided an opportunity to file objections to the findings and

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recommendations.

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Defendants did not object.

On February 20, 2018, Plaintiff filed his objections.

(ECF No. 96).

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The findings and recommendations issued by the magistrate judge on December 26,
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2017, are ADOPTED IN FULL; and

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2. All claims and defendants, except for Plaintiff’s claims against Officers Gomez,

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Juarez, and Fernandez for excessive force in violation of the Eighth Amendment, be

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DISMISSED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 5, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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