Shehee v. Perez et al

Filing 60

ORDER Adopting 59 FINDINGS AND RECOMMENDATIONS Regarding DISMISSAL of Defendant Lain without Prejudice for Failure to Serve; ORDER to Recaption Case signed by District Judge Anthony W. Ishii on 2/26/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF DEFENDANT LAIN
WITHOUT PREJUDICE FOR FAILURE TO
SERVE

Defendant.

(ECF No. 59)

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v.
PEREZ,

Case No. 1:16-cv-01346-AWI-BAM (PC)

ORDER TO RECAPTION CASE

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Plaintiff Gregory Ell Shehee (“Plaintiff”) is a former county jail inmate proceeding pro se

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in this civil rights action under 42 U.S.C. § 1983. Plaintiff was a civil detainee at the time of the

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events at issue. This action proceeds on Plaintiff’s first amended complaint against Defendant

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Perez for excessive force in violation of the Fourteenth Amendment and against Defendant Lain

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for failure to protect in violation of the Fourteenth Amendment. This matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 9, 2019, the assigned Magistrate Judge issued Findings and Recommendations

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recommending dismissal of Defendant Lain from this action, without prejudice, for failure to

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serve process under Federal Rule of Civil Procedure 4(m). (ECF No. 59.) Those Findings and

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Recommendations were served on Plaintiff and contained notice that any objections thereto were

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to be filed within fourteen (14) days after service. (Id. at 3.) More than fourteen days have
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passed, and no objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court concludes that

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the Magistrate Judge’s Findings and Recommendations are supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations issued on January 9, 2019, (ECF No. 59) are adopted
in full;
2. Defendant Lain is dismissed, without prejudice;
3. This action shall proceed only on Plaintiff’s first amended complaint against Defendant
Perez for excessive force in violation of the Fourteenth Amendment;
4. This action no longer proceeds against multiple defendants, and the caption for this case
shall be as reflected above; and
5. This action is referred back to the Magistrate Judge for further proceedings consistent with
this order.

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IT IS SO ORDERED.
Dated: February 26, 2019
SENIOR DISTRICT JUDGE

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