Sahibi v. Gonzales. et al.

Filing 55

ORDER ADOPTING 48 Findings and Recommendations to Deny Defendants' 31 Motion for Judgment on the Pleadings; ORDER DENYING 31 Motion for Judgment on the Pleadings, signed by Chief Judge Lawrence J. O'Neill on 10/24/2016. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OUSSAMA SAHIBI,

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CASE NO. 1:15-cv-01581-LJO-MJS (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
DEFENDANTS’ MOTION FOR JUDGMENT
ON THE PLEADINGS

v.
BORJAS GONZALES, et al.,

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(ECF No. 48)

Defendants.

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ORDER DENYING MOTION FOR
JUDGMENT ON THE PLEADINGS

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(ECF No. 31)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s
Eighth Amendment excessive force claim against Defendants Brandon Cope, Borjas
Gonzales, Mario Lozano, Howard Smith, and Stan, and on a Fourteenth Amendment
due process claim against Defendant Crounse. The matter was referred to a United
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the
United States District Court for the Eastern District of California.
On

September

20,

2016,

the

Magistrate

Judge

issued

findings

and

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recommendations to deny the motion for judgment on the pleadings brought by

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Defendants Gonzales, Lozano, Smith, Stan, and Cope. (ECF No. 48.) No objections

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were filed.

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

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conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendation to be supported by the record and by

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proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1. The Court adopts in full the findings and recommendations filed September

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20, 2016 (ECF No. 48); and

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2. Defendants’ motion for judgment on the pleadings (ECF No. 31) is

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DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

October 24, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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