Michael A. Washington v. Hernandez et al
Filing
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FINDINGS and RECOMMENDATIONS recommending that Defendant Chanelo be dismissed from this action for Plaintiff's failure to state a claim against him for which relief may be granted re 1 Prisoner Civil Rights Complaint filed by Michael A. Washington ; referred to Judge O'Neill,signed by Magistrate Judge Barbara A. McAuliffe on 12/15/2017. Objections to F&R due by 1/4/2018 (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL A. WASHINGTON,
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Plaintiff,
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vs.
R. HERNANDEZ, et al.,
Defendants.
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Case No.: 1:16-cv-01439-LJO-BAM (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
CERTAIN CLAIMS AND DEFENDANTS
[ECF Nos. 9, 12]
FOURTEEN-DAY DEADLINE
Plaintiff Michael A. Washington is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 28, 2016, Plaintiff
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consented to the jurisdiction of a United States Magistrate Judge. (ECF No. 8.) On September
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18, 2017, after being served in this matter, Defendants Chambers, Denney, Hernandez, Stane and
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Stinson declined to Magistrate Judge jurisdiction.
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On May 25, 2017, the Court screened Plaintiff’s complaint pursuant to 28 U.S.C. §
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1915A and 28 U.S.C. § 1915(e)(2)(B), and found that it stated a claim for excessive force in
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violation of the Eighth Amendment against Defendants Chambers, Denney, Hernandez, Stane,
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and Stinson. (ECF No. 9.) Plaintiff was provided an opportunity to amend the complaint, or to
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notify the Court that he wished to proceed only on the cognizable claims identified in the
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screening order. Following Plaintiff’s written notification that he would not amend his
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complaint, (ECF No. 10), on June 16, 2017, the Court dismissed all other claims and defendants
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for the failure to state a cognizable claim for relief, (ECF No. 12.) The Court indicated that
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jurisdiction existed under 28 U.S.C. § 636(c), based on the fact that Plaintiff had consented to
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Magistrate Judge jurisdiction and no other parties had yet appeared. (See id. at 1.)
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Williams v. King
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On November 9, 2017, the Ninth Circuit Court of Appeals ruled that 28 U.S.C. §
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636(c)(1) requires the consent of all named plaintiffs and defendants, even those not served with
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process, before jurisdiction may vest in a Magistrate Judge to dispose of a civil case. Williams v.
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King, 875 F.3d 500 (9th Cir. 2017). Here, no defendant was yet served at the time that the Court
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screened the complaint, and therefore none had appeared or consented to Magistrate Judge
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jurisdiction. Because all defendants had not consented, the undersigned’s dismissal of Plaintiff’s
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claims is invalid under Williams. Accordingly, the Court did not have jurisdiction to dismiss the
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claims an defendants described in its June 16, 2017 order.
Because the undersigned nevertheless stands by the analysis in the previous screening
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order, she will below recommend to a District Judge that the non-cognizable claims be
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dismissed.
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Screening Requirement
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. §
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1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or
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malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary
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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C.
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§ 1915(e)(2)(B)(ii).
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A complaint must contain “a short and plain statement of the claim showing that the
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pleader is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not
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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937,
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1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 1964-
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65 (2007)). While a plaintiff’s allegations are taken as true, courts “are not required to indulge
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unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)
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(internal quotation marks and citation omitted).
Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings
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liberally construed and to have any doubt resolved in their favor. Hebbe v. Pliler, 627 F.3d 338,
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342 (9th Cir. 2010) (citations omitted). To survive screening, Plaintiff’s claims must be facially
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plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each
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named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at 678, 129 S. Ct. at 1949
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(quotation marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir.
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2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere
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consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678,
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129 S. Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.
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III.
Allegations
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Plaintiff is currently incarcerated at Pelican Bay State Prison, in Crescent City,
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California. The events in the complaint are alleged to have occurred while Plaintiff was housed
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at Kern Valley State Prison. Plaintiff named the following defendants: (1) Correctional Officer
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R. Hernandez; (2) Correctional Officer M. Stane; (3) Correctional Officer R. Stinson; (4)
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Correctional Officer M. Chambers; (5) Lieutenant P. Chanelo; and (6) Sergeant J. Denney.
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Plaintiff alleges as follows:
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On September 9, 2014, Defendants Stane and Hernandez pulled Plaintiff and another
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Inmate out of the A-yard Law Library for a body search. After Plaintiff was searched and
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wanded, and as he was walking back to the law library, Defendant Hernandez pushed his head
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into the wall. When Plaintiff asked why Hernandez did that, Defendants Hernandez and Stane
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rushed Plaintiff, dragged him, pushed him into a wall, and slammed him onto the ground.
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Defendant Stane sprayed Plaintiff in his face with O.C. pepper spray. Then they began punching,
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kicking, and hitting Plaintiff with their batons.
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Defendants Denney and Chambers came and joined the assault. Defendant Chambers was
hitting Plaintiff with his baton, and Defendant Denney sat on Plaintiff’s legs. Defendant Stinson
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came and started hitting Plaintiff in the head with an O.C. pepper spray can, and smashed
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Plaintiff’s right hand into the ground with his left foot.
Defendant Chanelo then came and put his knee in Plaintiff’s back, twisted his arms
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“chicken winging” him, and handcuffed him.
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Plaintiff allegedly suffered two gashes to his head (which required stitches and
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bandaging), a gash to his right middle finger (which required stitches), and multiple scratches,
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bumps, and bruises.
Plaintiff alleges that the Defendants’ actions constituted an unlawful use of unnecessary
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excessive force in violation of his Eighth Amendment right to be free from cruel and unusual
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punishment. Plaintiff is requesting $100,000 in compensatory, nominal, and punitive damages
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for his pain and suffering, and any other relief that the court deems just and proper.
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IV.
Discussion
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A. Excessive Force
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The Eighth Amendment protects prisoners from inhumane methods of punishment and
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from inhumane conditions of confinement. Morgan v. Morgensen, 465 F.3d 1041, 1045 (9th Cir.
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2006). The unnecessary and wanton infliction of pain violates the Cruel and Unusual
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Punishments Clause of the Eighth Amendment. Hudson v McMillian, 503 U.S. 1, 5
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(1992)(citations omitted). Although prison conditions may be restrictive and harsh, prison
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officials must provide prisoners with food, clothing, shelter, sanitation, medical care, and
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personal safety. Farmer v. Brennan, 511 U.S. 825, 832-33 (1994) (quotations omitted).
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For claims of excessive physical force, the issue is “whether force was applied in a good-
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faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.”
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Hudson, 503 U.S. at 7. Relevant factors for this consideration include “the extent of injury . . .[,]
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the need for application of force, the relationship between that need and the amount of force
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used, the threat ‘reasonably perceived by the responsible officials,’ and ‘any efforts made to
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temper the severity of a forceful response.’” Id. (quoting Whitley v. Albers, 475 U.S. 1078, 1085
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(1986)). Although de minimis uses of force do not violate the Constitution, the malicious and
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sadistic use of force to cause harm always violates the Eighth Amendment, regardless of whether
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or not significant injury is evident. Hudson, 503 U.S. at 9-10; Oliver v. Keller, 289 F.3d 623, 628
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(9th Cir. 2002).
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Plaintiff has stated a cognizable claim for excessive force in violation of the Eighth
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Amendment against Defendants Hernandez and Stane for allegedly attacking him on September
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9, 2014. Plaintiff has alleged that in response to his verbal inquiry, Defendants Hernandez and
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Stane rushed Plaintiff, dragged him, pushed him into a wall, and slammed him onto the ground.
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Defendant Stane also sprayed Plaintiff in his face with O.C. pepper spray, and they both began
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punching, kicking, and hitting Plaintiff with their batons. Plaintiff further alleges that the attack
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resulted in physical injuries. These facts are sufficient to state a claim for excessive force against
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both Defendants Hernandez and Stane.
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Plaintiff has also stated a cognizable claim for excessive force against Defendants
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Denney, Chambers, and Stinson for joining the alleged assault. Liberally construed, Plaintiff has
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alleged that Defendants Denny and Chambers arrived during the assault by Defendants
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Hernandez and Stane, and aided them by sitting on Plaintiff’s legs and hitting Plaintiff with a
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baton, respectively. Then, Defendant Stinson allegedly came and joined in the assault by hitting
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Plaintiff with a can of O.C. pepper spray and smashing Plaintiff’s hand with his foot. Plaintiff
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alleges that these acts caused physical injuries. These allegations are sufficient to state a claim
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for excessive force in light of the circumstances.
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However, Plaintiff has not stated sufficient allegations to show a cognizable claim for
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excessive use of force against Defendant Chanelo. As currently alleged, Plaintiff’s allegations
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against Defendant Chanelo are insufficient to describe any use of excessive force under the
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circumstances. Generally, handcuffing an inmate involves some de minimus use of force, and the
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complaint does not specify any injuries in the handcuffing, or allege facts showing that there was
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a more than de minimus use of force, or that any use of force continued after Plaintiff was
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restrained.
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B. Supervisory Liability
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Generally, supervisors cannot be held liable for the actions of their subordinates based on
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a theory of respondeat superior. Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009). However, “[a]
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supervisor can be liable in his individual capacity ‘for his own culpable action or inaction in the
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training, supervision, or control of his subordinates; for his acquiescence in the constitutional
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deprivation . . .; or for conduct that showed a reckless or callous indifference to the rights of
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others.’” Watkins v. City of Oakland, 145 F.3d 1087, 1093 (9th Cir. 1998) (internal quotations
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and citations omitted). Supervisory liability requires facts showing that “the supervisor
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participated in or directed the violations, or knew of the violations and failed to act to prevent
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them.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).
Plaintiff has specified that Defendant Chanelo was a Lieutenant and the other defendants
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were a Sergeant and Correctional Officers. To the extent he is attempting to do so, Plaintiff has
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not stated a claim against Defendant Chanelo based on any theory of supervisory liability. As
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alleged, Defendant Chanelo came and handcuffed Plaintiff after the other Defendants assaulted
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Plaintiff. There are no facts stating that Defendant Chanelo participated in, knew of, or directed
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the other Defendants’ use of excessive force. Nor are there any allegations that after arriving at
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the scene, Defendant Chanelo failed to prevent any use of excessive force. For these additional
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reasons, Plaintiff has failed to state a claim against Defendant Chanelo.
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V.
Conclusion and Recommendation
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Plaintiff’s complaint stated a cognizable claim for excessive force in violation of the
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Eighth Amendment against Defendants Hernandez, Stane, Stinson, Chambers, and Denney.
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However, Plaintiff failed to state any other cognizable claim.
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As noted above, Plaintiff was provided an opportunity to attempt to amend his complaint
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to cure the identified deficiencies. Plaintiff declined to do so and notified the Court in writing
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that he only wished to proceed on the claims identified as cognizable. Thus, no further leave to
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amend is warranted here.
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For these reasons, IT IS HEREBY RECOMMENDED that Defendant Chanelo be
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dismissed from this action for Plaintiff’s failure to state a claim against him for which relief may
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be granted.
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These Findings and Recommendations will be submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
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(14) days after being served with these Findings and Recommendations, the parties may file
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written objections with the Court. The document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” The parties are advised that failure to file objections
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within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772
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F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir.
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1991)).
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IT IS SO ORDERED.
Dated:
/s/ Barbara
December 15, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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