Caruso v. Johnson et al

Filing 53

ORDER ADOPTING 45 FINDINGS AND RECOMMENDATIONS signed by District Judge Anthony W. Ishii on 01/10/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GINA CARUSO,

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Plaintiff,

Case No. 1:15-cv-00780-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(ECF NOS. 22, 24, & 45)
OFFICER G. SOLORIO, et al.,

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Defendants.

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Gina Caruso (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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

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

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On December 7, 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 defendants Ingram, Martinez, Lopez, and Solorio for excessive force in violation of the

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Eighth Amendment and for an unreasonable search in violation of the Fourth Amendment, be

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dismissed. (ECF No. 45, p. 10).

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The parties were provided an opportunity to file objections to the findings and
recommendations within fourteen days. No objections were filed.

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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 7,

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2017, are ADOPTED IN FULL;
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2. All claims and defendants, except for Plaintiff’s claims against defendants Ingram,

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Martinez, Lopez, and Solorio for excessive force in violation of the Eighth

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Amendment and for an unreasonable search in violation of the Fourth Amendment,

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are DISMISSED; and

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3. This case is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated: January 10, 2018
SENIOR DISTRICT JUDGE

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