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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS L. GOFF,
Plaintiff,

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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

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this civil rights action filed pursuant to 42 U.S.C. § 1983.
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This case now proceeds on

Plaintiff’s First Amended Complaint, which was filed on December 29, 2017. (ECF No. 28).

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The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. §
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636(b)(1)(B) and Local Rule 302.
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On April 17, 2018, Magistrate Judge Erica P. Grosjean entered findings and
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recommendations, recommending that this action proceed on Plaintiff’s claims against

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defendant Gamez and Doe defendant for excessive force in violation of the Eighth Amendment,
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against Doe defendants for failure to protect in violation of the Eighth Amendment, and against
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Doe defendant(s) for an unreasonable visual body cavity search in violation of the Fourth
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Amendment. (ECF No. 34). Judge Grosjean also recommended that all other claims and
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defendants be dismissed. (Id.).
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Plaintiff was provided an opportunity to file objections to the findings and
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recommendations.
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On May 2, 2018, Plaintiff filed a notice that he agrees with Judge

Grosjean’s findings and recommendations. (ECF No. 35).

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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.

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The findings and recommendations issued by the Magistrate Judge on April 17,
2018, are ADOPTED in full;

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This action now proceeds on Plaintiff’s First Amended Complaint (ECF No.

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28), on Plaintiff’s claims against defendant Gamez and Doe defendant for

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excessive force in violation of the Eighth Amendment, against Doe defendants

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for failure to protect in violation of the Eighth Amendment, and against Doe

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defendant(s) for an unreasonable visual body cavity search in violation of the

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Fourth Amendment;

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3.

All other claims and defendants are DISMISSED;

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4.

The Clerk of Court is DIRECTED to reflect the dismissal of defendants Harris,

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Everhart, and J. Thompson on the Court’s docket; and
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This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated: May 11, 2018
SENIOR DISTRICT JUDGE

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