Foster v. Huewe et al

Filing 15

ORDER Adopting 14 FINDINGS AND RECOMMENDATIONS signed by District Judge Anthony W. Ishii on 6/14/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRYL TYRONE FOSTER,

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Plaintiff,

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v.

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J. HUEWE, et al.,

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Defendants.

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Case No.: 1:16-cv-01839-AWI-SAB (PC)
ORDER ON FINDINGS AND
RECOMMENDATION
(Doc. Nos. 12, 13, 14)

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Plaintiff Derryl Tyrone Foster is proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. Following Plaintiff’s decline to proceed before a United States

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Magistrate Judge, this matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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On April 20, 2017, the assigned Magistrate Judge issued Findings and Recommendations

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recommending that this action proceed against Defendants Huewe and Vargas for failure to protect,

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and Defendants Cordova and McIntarr for excessive force in violation of the Eighth Amendment, and

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all other claims be dismissed from the action for failure to state a cognizable claim for relief. The

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Findings and Recommendations were served on Plaintiff and contained notice that objections were to

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be filed within thirty days. No objections were filed, and the deadline by which to do so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a de novo
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review of this case. Having carefully reviewed the entire file, the court finds the findings and

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recommendations to be supported by the record and by proper analysis.

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Based on the foregoing,

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1.

The Findings and Recommendations filed April 20, 2017, are adopted in full;

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2.

This action shall proceed against Defendants Huew and Vargas for failure to protect,

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and Defendants Cordova and McIntarr for excessive force in violation of the Eighth

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Amendment;

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3.

cognizable claim for relief; and

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All other claims and Defendants are dismissed from the action for failure to state a

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The matter is referred back to the assigned Magistrate Judge for initiation of service of
process.

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IT IS SO ORDERED.

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Dated: June 14, 2017

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SENIOR DISTRICT JUDGE

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