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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOMINIC CARTER, 12 Plaintiff, 13 14 No. 1:17-cv-00245-DAD-EPG v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS H. FLORES et al., (Doc. No. 12) 15 Defendants. 16 17 Plaintiff Dominic Carter is a state prisoner proceeding pro se in this civil rights action. 18 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. On April 11, 2017, the assigned magistrate judge entered findings and recommendations, 21 22 recommending that this action proceed only on plaintiff’s claim for excessive use of force in 23 violation of the Eighth Amendment against defendants Longoria and Flores, and that all other 24 claims and defendants be dismissed from this action with prejudice. (Doc. No. 12.) Plaintiff was 25 provided an opportunity to file objections to the findings and recommendations within twenty-one 26 days. To date, plaintiff has not filed objections or otherwise responded to the findings and 27 recommendations, although he did file a notice indicating his willingness to proceed only on his 28 ///// 1 1 Eighth Amendment excessive use of force claim against defendants Longoria and Flores. (See 2 Doc. No. 14.) 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 4 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 5 court finds the findings and recommendations to be supported by the record and proper analysis. 6 Accordingly, 7 1. The April 11, 2017 findings and recommendations (Doc. No. 12) are adopted in full; 8 2. This action now proceeds only on plaintiff’s claim against defendants S. Longoria and 9 H. Flores for excessive use of force in violation of the Eighth Amendment; 10 3. All other claims and defendants are dismissed from this action; 11 4. Defendants S. Longoria and H. Flores have thirty days from the date of service of this 12 13 order to file a responsive pleading to the complaint; and 5. This case is referred back to the assigned magistrate judge for further proceedings 14 15 16 consistent with this order. IT IS SO ORDERED. Dated: June 21, 2017 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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