King v. Villegas et al

Filing 54

ORDER Adopting 40 FINDINGS AND RECOMMENDATIONS signed by District Judge Anthony W. Ishii on 2/25/2019. (Sant Agata, S)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

JERRY LEE KING,

9
10
11
12

Plaintiff,

Case No. 1:17-cv-00676-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(ECF. NOS. 26 & 40)
R. VILLEGAS and P. CRUZ,
Defendants.

13
14

Jerry King (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

15

this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on

16

“Plaintiff’s claims for excessive force in violation of the Eighth Amendment against defendants

17

R. Villegas and P. Cruz.” (ECF No. 14, p. 2; ECF No. 20, p. 2). Plaintiff’s claims stem from

18

an alleged excessive force incident that occurred on August 17, 2016. The matter was referred

19

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

20

On June 4, 2018, Plaintiff filed a motion for a preliminary injunction/temporary

21

restraining order (“the Motion”). (ECF No. 26). On November 26, 2018, Magistrate Judge

22

Erica P. Grosjean entered findings and recommendations, recommending that the Motion be

23

denied. (ECF No. 40).

24

Plaintiff was provided an opportunity to file objections to the findings and

25

recommendations. The deadline for filing objections has passed, and Plaintiff has not filed

26

objections or otherwise responded to the findings and recommendations.

27

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

28

Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
1

1

the Court finds the findings and recommendations to be supported by the record and proper

2

analysis.

3

Accordingly, THE COURT HEREBY ORDERS that:

4

1. The findings and recommendations issued by the magistrate judge on November 26,

5
6

2018, are ADOPTED in full; and
2. The Motion is DENIED.

7
8
9

IT IS SO ORDERED.
Dated: February 25, 2019
SENIOR DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2