Carter v. Voong, et al.

Filing 25

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 06/21/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOMINIC CARTER,

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Plaintiff,

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No. 1:17-cv-00245-DAD-EPG

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

H. FLORES et al.,
(Doc. No. 12)

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Defendants.

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Plaintiff Dominic Carter is a state prisoner proceeding pro se in this civil rights action.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.
On April 11, 2017, the assigned magistrate judge entered findings and recommendations,

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recommending that this action proceed only on plaintiff’s claim for excessive use of force in

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violation of the Eighth Amendment against defendants Longoria and Flores, and that all other

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claims and defendants be dismissed from this action with prejudice. (Doc. No. 12.) Plaintiff was

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provided an opportunity to file objections to the findings and recommendations within twenty-one

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days. To date, plaintiff has not filed objections or otherwise responded to the findings and

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recommendations, although he did file a notice indicating his willingness to proceed only on his

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Eighth Amendment excessive use of force claim against defendants Longoria and Flores. (See

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Doc. No. 14.)

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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, the

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

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Accordingly,

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1. The April 11, 2017 findings and recommendations (Doc. No. 12) are adopted in full;

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2. This action now proceeds only on plaintiff’s claim against defendants S. Longoria and

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H. Flores for excessive use of force in violation of the Eighth Amendment;

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3. All other claims and defendants are dismissed from this action;

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4. Defendants S. Longoria and H. Flores have thirty days from the date of service of this

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order to file a responsive pleading to the complaint; and
5. This case is referred back to the assigned magistrate judge for further proceedings

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consistent with this order.
IT IS SO ORDERED.
Dated:

June 21, 2017
UNITED STATES DISTRICT JUDGE

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