Harris v. German et al

Filing 31

ORDER Adopting 30 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by District Judge Dale A. Drozd on 1/17/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEVONTE B. HARRIS,

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Plaintiff,

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No. 1:15-cv-01462-DAD-GSA

v.
HUMBERTO GERMAN, et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(Doc. No. 30)

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

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

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 21, 2017, the assigned magistrate judge issued findings and

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recommendations, recommending that claims and defendants be dismissed consistent with the

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magistrate judge’s prior order in light of Williams v. King, 875 F.3d 500 (9th Cir. 2017). (Doc.

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No. 30.) The parties were granted fourteen days in which to file objections to the findings and

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recommendations. (Id.) The fourteen-day time period has expired, and no objections have been

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filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, the

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undersigned has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the undersigned concludes the findings and recommendations are supported by the record

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and proper analysis.

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Given the foregoing:
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The magistrate judge’s findings and recommendations issued on December 21, 2017
(Doc. No. 30) are adopted in full;

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Consistent with the magistrate judge’s prior screening order issued on September 11,

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2017 (Doc. No. 21), the following claims and defendants are dismissed, for the

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reasons provided in the screening order:

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a.

Defendants C/O Summer Cordova, C/O L. Borgess, C/O R. Womack, C/O D.

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Lovelady, C/O D. Menzie, C/O D. Botello, C/O S. Pano, C/O R. Leal,

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Sergeant J. Martinez, Sergeant W. Rasley, and Sergeant J. Hubbard are

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dismissed from this action for Plaintiff’s failure to state any claims under

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§ 1983 against them upon which relief may be granted; and

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b.

are dismissed from this action based on Plaintiff’s failure to state a claim; and

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Plaintiff’s claims for failure to protect, false reports, and destruction of video

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

IT IS SO ORDERED.
Dated:

January 17, 2018
UNITED STATES DISTRICT JUDGE

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