Thornton v. Grissom et al

Filing 37

ORDER ADOPTING 31 RENEWED FINDINGS AND RECOMMENDATIONS IN FULL and DISMISSING Non-Cognizable Claims With Prejudice signed by District Judge Anthony W. Ishii on 5/5/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIMON THORNTON,

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CASE NO. 1:16-cv-0498-AWI-MJS (PC)

Plaintiff,

ORDER ADOPTING RENEWED
FINDINGS AND RECOMMENDATIONS
TO DISMISS NON-COGNIZABLE CLAIMS
WITH PREJUDICE

v.
DONALD L. GRISSOM, et al.,

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(ECF NO. 31)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.
On

February

28,

2017,

the

magistrate

judge

issued

findings

and

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recommendations to allow Plaintiff to proceed on an Eighth Amendment excessive force

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claim against Defendant Grissom and an Eighth Amendment failure to protect claim

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against Defendant Cruz, and to dismiss all other claims and Defendants with prejudice.

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(ECF No. 31.) Plaintiff has not filed objections to these findings and recommendations.

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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 revised findings and recommendations to be supported by the record and

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by proper analysis.
Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the renewed findings and recommendations, filed on
February 28, 2017 (ECF No. 31), in full;

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2. Plaintiff shall proceed on an Eighth Amendment excessive force claim

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against Defendant Grissom and an Eighth Amendment failure to protect

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claim against Defendant Cruz;

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3. All other claims and Defendants are dismissed with prejudice; and

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4. This matter is referred back to the magistrate judge for further orders

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consistent with this decision.

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IT IS SO ORDERED.
Dated: May 5, 2017
SENIOR DISTRICT JUDGE

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