Laneley v. Garcia et al

Filing 20

ORDER ADOPTING FINDINGS AND RECOMMENDATION DISMISSING Tulare County Sheriff's Department With Prejudice; Plaintiff to Proceed on Excessive Force Claims Against Defendants Garcia and Cook 19 , signed by Chief Judge Lawrence J. O'Neill on 7/27/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-01299-LJO-JLT (PC)
RANDY LANGLEY,

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Plaintiff,

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v.

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GARCIA, et al.,

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Defendants.

ORDER ADOPTING FINDINGS
AND RECOMMENDATION DISMISSING
TULARE COUNTY SHERIFF’S DEPARTMENT
WITH PREJUDICE; PLAINTIFF TO PROCEED
ON EXCESSIVE FORCE CLAIMS AGAINST
DEFENDANTS GARCIA AND COOK
(Doc. 19)

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Plaintiff, Randy Langley, is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 21, 2018, the Magistrate Judge filed a Findings and Recommendation which was
served on Plaintiff and contained notice that objections were due within twenty-one days. (Doc.
19.) Despite lapse of more than the allowed time, Plaintiff has not filed objections or otherwise
responded to the Findings and Recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, the Court finds the
Findings and Recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, that issued on May 21, 2018 (Doc. 19), is
adopted in full;

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Plaintiff may proceed against Defendants Garcia and Cook for excessive force;

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the Tulare County Sheriff’s Department and all claims against the government

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entity are dismissed with prejudice; and
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The action is referred to the Magistrate Judge for service of process.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

July 27, 2018

UNITED STATES CHIEF DISTRICT JUDGE
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