Selsor v. Weaver et al

Filing 18

ORDER Adopting Findings and Recommendations Regarding Dismissal of Certain Claims and Defendants 14 , signed by Chief Judge Lawrence J. O'Neill on 9/15/16. B. Weaver, D. D. Nora, and V. Juarez Dismissed. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY SELSOR,

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Plaintiff,

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vs.
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B. WEAVER, et al.,
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Defendants.

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1:15-cv-00918-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF CERTAIN CLAIMS AND
DEFENDANTS
(ECF No. 14)

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Plaintiff Jeffrey Selsor (“Plaintiff”) is a state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on June 16, 2015.
On July 25, 2016, the Court screened Plaintiff’s amended complaint and found that he

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stated a cognizable claim for excessive force against Correctional Officers Docanto and Jordan,

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and against Correctional Officer Castaneda for the failure to intervene in an attack, in violation

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of the Eighth Amendment, but did not state any other cognizable claims. Fed. R. Civ. P. 8(a);

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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555

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(2007). (ECF No. 11). Plaintiff was ordered to either file a second amended complaint, or notify

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the Court that he did not wish to file any second amended complaint and was willing to proceed

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on the cognizable claims. (ECF No. 12.)

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On August 3, 2016, Plaintiff notified the Court that he did not intend to file a second

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amended complaint and wished to proceed only with the cognizable claims against Defendants

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Docanto, Jordan, and Castaneda. (ECF No. 13.) Accordingly, on August 8, 2016, the Magistrate

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Judge issued Findings and Recommendations recommending the dismissal of certain claims and

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defendants. (ECF No. 14.) Specifically, the Magistrate Judge recommended that (1) Plaintiff’s

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claim for excessive force against Defendant Castaneda; (2) Plaintiff’s claims against Defendants

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Docanto, Jordan, and Castaneda for violating the CDCR use of force policy; and (3) Defendants

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Weaver, Nora and Juarez, be dismissed from this action for failure to state a claim, without

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further leave to amend.

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The Findings and Recommendations were served on Plaintiff, and contained notice that

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any objections must be filed within fourteen (14) days after service of the order. (Id. at 14.)

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More than fourteen (14) days have passed, and no objections have been filed.

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

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a de novo review of this case and carefully reviewed the entire file. The Court finds that the

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Findings and Recommendations are supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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ADOPTED IN FULL;

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The Findings and Recommendations dated August 8, 2016 (ECF No. 14) are

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This action shall proceed on Plaintiff’s first amended complaint, filed on June 17,

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2016, for excessive force against Defendants Docanto and Jordan for allegedly

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attacking him on September 20, 2014, and against Defendant Castaneda for the

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failure to protect him from the attack, in violation of the Eighth Amendment;

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3.

Plaintiff’s claim for excessive force against Defendant Castaneda, and claims

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against Defendants Docanto, Jordan, and Castaneda for violating the CDCR use

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of force policy, are dismissed; and

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4.

Defendants B. Weaver, D. D. Nora, and V. Juarez are dismissed from this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 15, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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