Ransome v. Baron

Filing 22

ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS to Dismiss Non-Cognizable Claim Against Defendant Baron signed by Chief Judge Lawrence J. O'Neill on 05/10/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIMIKO RANSOME,

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Plaintiff,

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vs.

Case No. 1:16-cv-01545-LJO-JDP (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS NONCOGNIZABLE CLAIM AGAINST
DEFENDANT BARON

M. BARON,
Defendant.

(ECF No. 16)

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Kimiko Ransome (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. The matter was referred to

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

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On March 1, 2018, Magistrate Judge Michael J. Seng entered findings and

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recommendations that Plaintiff’s case proceed on the cognizable excessive force claim against

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Defendant Baron, and that Plaintiff’s claim for Eighth Amendment conditions of confinement

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against Defendant Baron be dismissed with prejudice. (ECF No. 16.) Plaintiff was provided an

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opportunity to file objections to the findings and recommendations. Plaintiff filed her

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objections on April 27, 2018. (ECF No. 20.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the Court finds the findings and recommendations to be supported by the record and proper
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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The findings and recommendations issued by the Magistrate Judge on March 1,

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2018, (ECF No. 16), are ADOPTED in full;
2. Plaintiff’s case shall proceed on the cognizable excessive force claim against

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Defendant Baron;
3. Plaintiff’s claim for Eighth Amendment conditions of confinement against

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Defendant Baron be dismissed with prejudice; and

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4. Plaintiff shall refer to the Magistrate Judge’s instructions in the March 1, 2018

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findings and recommendations for information concerning executing service of

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process upon the defendant.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 10, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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