Mosley v. Stewart

Filing 14

ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS for Action to Proceed on Cognizable Excessive Force Claims Against Individual Defendants and to Dismiss Official Capacity Claims with Prejudice, signed by District Judge Dale A. Drozd on 02/12/2018. (Martin-Gill, S)

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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 QUINCY MOSLEY, 12 13 14 15 Plaintiff, v. S. STEWART, et al., Defendants. No. 1:17-cv-00852-DAD-MJS ORDER ADOPTING FINDINGS AND RECOMMENDATION FOR ACTION TO PROCEED ON COGNIZABLE EXCESSIVE FORCE CLAIMS AGAINST INDIVIDUAL DEFENDANTS AND TO DISMISS OFFICIAL CAPACITY CLAIMS WITH PREJUDICE 16 17 18 (Doc. No. 10) Plaintiff Quincy Mosley (“plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred 20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of 21 the United States District Court for the Eastern District of California. 22 On November 22, 2017, the assigned magistrate judge screened plaintiff’s complaint and 23 found that it states cognizable claims under the Eighth Amendment against defendants Stewart, 24 Ventura, and Castillo in their individual capacities, but that plaintiff’s official capacity claim for 25 damages was barred by the Eleventh Amendment. (Doc. No. 10.) The magistrate judge 26 recommended that plaintiff proceed on the cognizable claims identified in the screening order, 27 and that the official capacity claims be dismissed. No objections to the findings and 28 recommendations have been filed, and the objection period set forth therein has passed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Based on the foregoing, it is ordered that: 5 1. The court adopts the findings and recommendations, filed November 22, 2017 6 (Doc. No. 10), in full; 7 2. Plaintiff shall proceed on his Eighth Amendment claims for monetary damages 8 against defendants Ventura, Castillo, and Stewart in their individual capacities; 9 and 3. Plaintiff’s official capacity claims are dismissed with prejudice. 10 11 12 IT IS SO ORDERED. Dated: February 12, 2018 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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