Aleman v. North Kern State Prison, et al.

Filing 67

ORDER ADOPTING 61 Findings and Recommendations, signed by Chief Judge Lawrence J. O'Neill on 1/24/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HECTOR ALEMAN,

Case No. 1:15-cv-01293-LJO-EPG (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

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v.
(ECF Nos. 8, 11, & 23)

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NORTH KERN STATE PRISON, et al.,

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Defendants.

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Hector Aleman (“Plaintiff”) is a 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. The matter was referred to a United
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States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On January 2, 2018, Magistrate Judge Erica P. Grosjean entered findings and
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recommendations, recommending that all claims and defendants, except for Plaintiff’s claims

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against Defendants Rentieria, Ledesma, Nuno, Fierros, Montalvo, Acosta, and Garcia for
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excessive force in violation of the Eighth Amendment, be dismissed. (ECF No. 61 at 7.)
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The parties were provided an opportunity to file objections to the findings and
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recommendations within fourteen days. No objections were filed.
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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. The findings and recommendations issued by the magistrate judge on January 2,
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2018, are ADOPTED IN FULL;
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2. All claims and defendants, except for Plaintiff’s claims against Defendants

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Rentieria, Ledesma, Nuno, Fierros, Montalvo, Acosta, and Garcia for excessive

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force in violation of the Eighth Amendment, are DISMISSED; and

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3. This case is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

January 24, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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