Madrid v. Pease et al

Filing 21

ORDER Adopting 18 Findings and Recommendations, Dismissing Certain Claims and Defendants for the Failure to State a Cognizable Claim, signed by Chief Judge Lawrence J. O'Neill on 7/24/17. John Madrid, Mitsy McCallum, J.D. McCamey, C.L. Miller, J.C. Black and S. Daley terminated. (Gonzalez, R)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JOHN MADRID, Case No. 1:15-cv-00770-LJO-BAM-PC Plaintiff, 13 14 v. 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, (ECF No. 18), DISMISSING CERTAIN CLAIMS AND DEFENDANTS FOR THE FAILURE TO STATE A COGNIZABLE CLAIM P. PEASE, et al., 16 Defendants. 17 18 Plaintiff John Madrid is a state prisoner proceeding pro se and in forma pauperis in this 19 civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 13, 2017, the Magistrate Judge issued Findings and Recommendations that this 22 action proceed on Plaintiff’s second amended complaint against Defendants Pease, Mendez, 23 Burnes, Thatcher, Aguerralde, and Sauceda for excessive force in violation of the Eighth 24 Amendment, and that the remaining claims and defendants be dismissed from this action for 25 Plaintiff’s failure to state a claim upon which relief may be granted. (ECF No. 18.) The 26 Findings and Recommendations were served on Plaintiff and contained notice that any 27 objections must be filed within thirty days after service of the order. (Id. at 9.) The deadline for 28 any objections has expired, and no objections have been filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 2 a de novo review of this case and carefully reviewed the entire file. The Court finds that the 3 Findings and Recommendations are supported by the record and by proper analysis. 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. adopted in full; 6 7 The Findings and Recommendations dated June 13, 2017 (ECF No. 18) are 2. This action proceeds on Plaintiff’s second amended complaint, filed on July 21, 8 2017, against Defendants Pease, Mendez, Burnes, Thatcher, Aguerralde, and 9 Sauceda for excessive force in violation of the Eighth Amendment; 10 3. failure to state claims upon which relief may be granted; and 11 12 All other claims and defendants are dismissed from this action based on Plaintiff’s 4. This matter is referred back to the assigned Magistrate Judge for proceedings consistent with this order. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ July 24, 2017 UNITED STATES CHIEF DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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