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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JEFFREY SELSOR, 10 Plaintiff, 11 vs. 12 B. WEAVER, et al., 13 14 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 1:15-cv-00918-LJO-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS (ECF No. 14) 15 16 17 18 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 19 stated a cognizable claim for excessive force against Correctional Officers Docanto and Jordan, 20 and against Correctional Officer Castaneda for the failure to intervene in an attack, in violation 21 of the Eighth Amendment, but did not state any other cognizable claims. Fed. R. Civ. P. 8(a); 22 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 23 (2007). (ECF No. 11). Plaintiff was ordered to either file a second amended complaint, or notify 24 the Court that he did not wish to file any second amended complaint and was willing to proceed 25 on the cognizable claims. (ECF No. 12.) 26 On August 3, 2016, Plaintiff notified the Court that he did not intend to file a second 27 amended complaint and wished to proceed only with the cognizable claims against Defendants 28 Docanto, Jordan, and Castaneda. (ECF No. 13.) Accordingly, on August 8, 2016, the Magistrate 1 1 Judge issued Findings and Recommendations recommending the dismissal of certain claims and 2 defendants. (ECF No. 14.) Specifically, the Magistrate Judge recommended that (1) Plaintiff’s 3 claim for excessive force against Defendant Castaneda; (2) Plaintiff’s claims against Defendants 4 Docanto, Jordan, and Castaneda for violating the CDCR use of force policy; and (3) Defendants 5 Weaver, Nora and Juarez, be dismissed from this action for failure to state a claim, without 6 further leave to amend. 7 The Findings and Recommendations were served on Plaintiff, and contained notice that 8 any objections must be filed within fourteen (14) days after service of the order. (Id. at 14.) 9 More than fourteen (14) days have passed, and no objections have been filed. 10 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 11 a de novo review of this case and carefully reviewed the entire file. The Court finds that the 12 Findings and Recommendations are supported by the record and by proper analysis. 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. ADOPTED IN FULL; 15 16 The Findings and Recommendations dated August 8, 2016 (ECF No. 14) are 2. This action shall proceed on Plaintiff’s first amended complaint, filed on June 17, 17 2016, for excessive force against Defendants Docanto and Jordan for allegedly 18 attacking him on September 20, 2014, and against Defendant Castaneda for the 19 failure to protect him from the attack, in violation of the Eighth Amendment; 20 3. Plaintiff’s claim for excessive force against Defendant Castaneda, and claims 21 against Defendants Docanto, Jordan, and Castaneda for violating the CDCR use 22 of force policy, are dismissed; and 23 4. Defendants B. Weaver, D. D. Nora, and V. Juarez are dismissed from this action. 24 25 26 27 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ September 15, 2016 UNITED STATES CHIEF DISTRICT JUDGE 28 2

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