Watkins v. Greenwood, et al.

Filing 14

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS; ORDERED TO DISMISS certain claims for failure to State a Cognizable Claim for Relief and Referring Matter Back to Magistrate Judge to Initiate Service of Process Proceedings, signed by Chief Judge Lawrence J. O'Neill on 12/12/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASEY WATKINS,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DISMISSING
CERTAIN CLAIMS FOR FAILURE TO
STATE A COGNIZABLE CLAIM FOR
RELIEF AND REFERRING MATTER
BACK TO MAGISTRATE JUDGE TO
INITIATE SERVICE OF PROCESS
PROCEEDINGS

Plaintiff,

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Case No. 1:16-cv-00850-LJO-SAB

v.
CHAD GREENWOOD, et al.,
Defendants.

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(ECF Nos. 12, 13)

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Plaintiff Casey Watkins is appearing pro se and in forma pauperis in this civil rights

20 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
21 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On November 22, 2016, the Magistrate Judge filed a findings and recommendations

23 (F&Rs) recommending dismissal of certain claims for failure to state a claim. The F&Rs were
24 served on Plaintiff and contained notice that any objections were to be filed within thirty days
25 from the date of service. On December 8, 2016, Plaintiff filed a document entitled “Objections
26 to Magistrate Judge’s F & R”.
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In his “objection”, Plaintiff states that he does not object to the F&Rs but requests that

28 the court order service of process on the defendants and requests a copy of the Local Rules that

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1 would apply to this action.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

3 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the
4 findings and recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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FULL;

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All other claims are DISMISSED from the action for failure to state a cognizable
claim for relief; and

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This action shall proceed against Defendants Greenwood and Sims in their
individual capacities for excessive force in violation of the Fourth Amendment;

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The findings and recommendations, filed November 22, 2016, is ADOPTED IN

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This matter is referred back to the Magistrate Judge to initiate service of process
proceedings and address Plaintiff’s request for a copy of the Local Rules.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 12, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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