Goff v. Gamez et al
Filing
36
ORDER Adopting 34 Findings and Recommendations, signed by District Judge Anthony W. Ishii on 5/11/18. J. Thompson (Cal Fire Captain), Everhart (Correctional Officer) and Harris (Correctional Officer) terminated. (Gonzalez, R)
1
2
3
4
UNITED STATES DISTRICT COURT
5
EASTERN DISTRICT OF CALIFORNIA
6
7
8
THOMAS L. GOFF,
Plaintiff,
9
10
11
12
13
Case No. 1:15-cv-00937-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
v.
(ECF NOS. 28 & 34)
GAMEZ, et al.,
Defendants.
Thomas Goff (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
14
this civil rights action filed pursuant to 42 U.S.C. § 1983.
15
This case now proceeds on
Plaintiff’s First Amended Complaint, which was filed on December 29, 2017. (ECF No. 28).
16
The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. §
17
636(b)(1)(B) and Local Rule 302.
18
On April 17, 2018, Magistrate Judge Erica P. Grosjean entered findings and
19
recommendations, recommending that this action proceed on Plaintiff’s claims against
20
defendant Gamez and Doe defendant for excessive force in violation of the Eighth Amendment,
21
against Doe defendants for failure to protect in violation of the Eighth Amendment, and against
22
Doe defendant(s) for an unreasonable visual body cavity search in violation of the Fourth
23
Amendment. (ECF No. 34). Judge Grosjean also recommended that all other claims and
24
defendants be dismissed. (Id.).
25
Plaintiff was provided an opportunity to file objections to the findings and
26
recommendations.
27
On May 2, 2018, Plaintiff filed a notice that he agrees with Judge
Grosjean’s findings and recommendations. (ECF No. 35).
28
1
1
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this
2
Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
3
the Court finds the findings and recommendations to be supported by the record and proper
4
analysis.
5
Accordingly, THE COURT HEREBY ORDERS that:
6
1.
7
8
The findings and recommendations issued by the Magistrate Judge on April 17,
2018, are ADOPTED in full;
2.
This action now proceeds on Plaintiff’s First Amended Complaint (ECF No.
9
28), on Plaintiff’s claims against defendant Gamez and Doe defendant for
10
excessive force in violation of the Eighth Amendment, against Doe defendants
11
for failure to protect in violation of the Eighth Amendment, and against Doe
12
defendant(s) for an unreasonable visual body cavity search in violation of the
13
Fourth Amendment;
14
3.
All other claims and defendants are DISMISSED;
15
4.
The Clerk of Court is DIRECTED to reflect the dismissal of defendants Harris,
16
17
Everhart, and J. Thompson on the Court’s docket; and
5.
This case is referred back to the Magistrate Judge for further proceedings.
18
19
20
IT IS SO ORDERED.
Dated: May 11, 2018
SENIOR DISTRICT JUDGE
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?