Hilson v. Arnett et al

Filing 43

ORDER ADOPTING FINDINGS AND RECOMMENDATION 40 AND DENYING PARTIAL MOTION TO DISMISS 23 signed by District Judge Dale A. Drozd on 5/10/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RASHEED HILSON, SR.,

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Plaintiff,

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v.
JESSE ARNETT, et al.,
Defendants.

No. 1:15-cv-01240-DAD-MJS (PC)

ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DENYING
PARTIAL MOTION TO DISMISS
(Doc. Nos. 23, 40)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States

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District Court for the Eastern District of California.

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On April 17, 2017, the assigned magistrate judge issued findings and a recommendation

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recommending that the motion to dismiss plaintiff’s excessive use of force claim brought on

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behalf of defendants Arnett and Gamboa be denied. (Doc. No. 40.) The findings and

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recommendation provided that any objections thereto were to be filed within fourteen days. No

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objections to the findings and recommendations were filed and the time for doing so has passed.

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

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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings
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and recommendation to be supported by the record and by proper analysis.

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Accordingly,

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in full; and
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The findings and recommendation filed April 17, 2017 (Doc. No. 40) are adopted

The motion to dismiss plaintiff’s excessive use of force claim brought on behalf of
defendants Arnett and Gamboa (Doc. No. 23) is denied.

IT IS SO ORDERED.
Dated:

May 10, 2017
UNITED STATES DISTRICT JUDGE

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