Cortinas v. Huerta et al

Filing 76

ORDER ADOPTING 74 Findings and Recommendations; ORDER GRANTING Defendant Huerta's 69 Motion for Summary Judgment; ORDER for Clerk to Enter Judgment for Defendant Huerta; ORDER for Case to Proceed Only Against Defendant Scalia signed by District Judge Anthony W. Ishii on 1/28/2021. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAM CORTINAS,

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1:17-cv-00130-AWI-GSA-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 74.)

vs.
M. HUERTA, et al.,

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ORDER GRANTING DEFENDANT
HUERTA’S MOTION FOR SUMMARY
JUDGMENT
(ECF No. 69.)

Defendants.

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ORDER FOR CLERK TO ENTER
JUDGMENT FOR DEFENDANT
HUERTA

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ORDER FOR CASE TO PROCEED
ONLY AGAINST DEFENDANT SCALIA

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Larry William Cortinas (“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 a

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

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On January 11, 2021, findings and recommendations were entered, recommending that

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defendant Huerta’s motion for summary judgment, filed on July 6, 2020, be granted. (ECF No.

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74.) On January 25, 2021, Plaintiff filed objections to the findings and recommendations. (ECF

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No. 75.)
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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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including Plaintiff’s objections, the court finds the findings and recommendations to be supported

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by the record and proper analysis. Plaintiff relies on allegations in his complaint, but fails to

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address the actual analysis of the Findings and Recommendation. The Court agrees with the

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Findings and Recommendation that Plaintiff’s representations in the second summary judgment

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motion essentially abandoned the excessive force claim against Defendant Huerta. See Davis v.

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City of Las Vegas, 478 F.3d 1048, 1058 (9th Cir. 2007).

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Accordingly, THE COURT HEREBY ORDERS that:
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2021, are ADOPTED IN FULL;
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The clerk is directed to enter judgment for defendant Huerta and dismiss him from
this case;

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Defendant Huerta’s motion for summary judgment, filed on July 6, 2020, is
GRANTED;

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The findings and recommendations issued by the magistrate judge on January 11,

This case shall proceed only against defendant Scalia, for use of excessive force
in violation of the Eighth Amendment; and

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This case shall be referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated: January 28, 2021
SENIOR DISTRICT JUDGE

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