Quiroga v. Cooper et al
Filing
19
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS FINDING COGNIZABLE CLAIM FOR EXCESSIVE FORCE AND RECOMMENDING DISMISSAL OF ALL OTHER CLAIMS signed by District Judge Dale A. Drozd on 7/6/2017. (Lundstrom, T)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MONICO J. QUIROGA, III,
12
Plaintiff,
13
14
No. 1:17-cv-00004-DAD-EPG
v.
C. COOPER et al.,
15
Defendants.
16
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS FINDING
COGNIZABLE CLAIM FOR EXCESSIVE
FORCE AND RECOMMENDING
DISMISSAL OF ALL OTHER CLAIMS
(Doc No. 17)
17
18
Plaintiff Monico J. Quiroga, III is a state prisoner proceeding pro se with this civil rights
19
20
action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
21
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 29, 2017, the assigned magistrate judge entered findings and recommendations,
22
23
recommending that (1) this case proceed only on plaintiff’s excessive use of force claim brought
24
under the Fourteenth Amendment against defendants Cooper and Moreno; (2) all other claims be
25
dismissed; and (3) defendant “Kern County Sherriff” be dismissed from this action. (Doc. No.
26
17.) The findings and recommendations were served on the parties and contained notice that
27
objections thereto were to be filed within thirty days. (Id.) No objections were filed.
28
/////
1
1
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
2
de novo review of the matter. Having carefully reviewed the entire file, the court finds that the
3
findings and recommendations are supported by the record and proper analysis.
4
Accordingly,
5
1. The March 29, 2017 findings and recommendations (Doc. No. 17) are adopted in full;
6
2. This case proceed only on plaintiff’s excessive use of force claim brought under the
7
Fourteenth Amendment against defendants Cooper and Moreno;
8
3. All other claims are dismissed;
9
4. Defendant “Kern County Sherriff” is dismissed from this action; and
10
5. This matter is referred back to the assigned magistrate judge for further proceedings
11
12
13
consistent with this order.
IT IS SO ORDERED.
Dated:
July 6, 2017
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?