Mundo v. Carmona et al

Filing 20

ORDER ADOPTING 17 Findings and Recommendations to Dismiss Non-Cognizable Claims and Defendants; Clerk to Terminate Defendants Campa and Cribbs, signed by District Judge Anthony W. Ishii on 6/14/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN W. MUNDO

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Plaintiff,
v.

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HECTOR CARMONA, et al.,
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Defendant.
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CASE NO. 1:16-cv-01687-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS NONCOGNIZABLE CLAIMS AND
DEFENDANTS
(ECF No. 17)
CLERK TO TERMINATE DEFENDANTS
CAMPA AND CRIBBS

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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

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On April 27, 2017, the Magistrate Judge assigned to the case screened Plaintiff’s

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first amended complaint and found it stated cognizable claims against Defendants

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Carmona and Alba for excessive force in violation of the Eighth Amendment and assault

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and battery in violation of state law, against Carmona, Bonffil, and Archuleta for

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retaliation in violation of the First Amendment, and against Bonffil and Archuleta in

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violation of the Bane Act. (ECF No. 17.) The Magistrate Judge found Plaintiff stated no

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other cognizable claims, and that further leave to amend would be futile. Accordingly, the

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Magistrate Judge authorized service of Plaintiff’s complaint on Defendants Carmona,

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Alba, Bonffil, and Archuleta. He recommended dismissing Plaintiff’s remaining claims

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and Defendants Campa and Cribbs, and granted Plaintiff fourteen days to file his

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objections. The fourteen day deadline passed and no objections were filed.

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

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

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entire file, the Court finds the findings and recommendations to be supported by the

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record and by proper analysis.

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Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the findings and recommendations filed on April 27, 2017
(ECF No. 17) in full;
2. This case shall proceed with against the following Defendants on the

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following claims:

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a. Carmona for Eighth Amendment excessive force, First Amendment

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retaliation and state law assault and battery;
b. Alba for Eighth Amendment excessive force and state law assault and
battery;
c. Bonffil for First Amendment retaliation and violation of the California
Bane act;
d. Archuleta for First Amendment retaliation and violation of the California
Bane act;
3. All other claims are non-cognizable and DISMISSED with prejudice for
failure to state a claim;
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4. The Clerk of Court is directed to TERMINATE Defendants Campa and
Cribbs; and
5. This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated: June 14, 2017
SENIOR DISTRICT JUDGE

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