Robertson v. Garcia et al.
ORDER ADOPTING 56 Findings and Recommendations signed by District Judge Dale A. Drozd on 06/14/2022. B. Jones terminated from action.(Flores, E)
Case 1:17-cv-01022-DAD-BAM Document 57 Filed 06/14/22 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
WAYNE JEROME ROBERTSON,
No. 1:17-cv-01022-DAD-BAM (PC)
ORDER ADOPTING FINDINGS AND
D. GARCIA, et al.,
(Doc. Nos. 36, 56)
Plaintiff Wayne Jerome Robertson is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 9, 2022, the assigned magistrate judge issued findings and recommendations,
recommending the following: (1) that defendants’ motion for partial summary judgment (Doc.
No. 36) be granted; (2) that defendant Jones be dismissed from this action due to plaintiff’s
failure to exhaust his administrative remedies as to his claims involving that defendant prior to
filing suit; (3) that plaintiff’s claims against defendant Garcia alleging the use of excessive force,
other than the use of OC spray, be dismissed also due to plaintiff’s failure to exhaust his
administrative remedies as to those claims prior to filing suit; and (4) that this action proceed only
on plaintiff’s claim brought against defendant Garcia for excessive use of force in violation of the
Case 1:17-cv-01022-DAD-BAM Document 57 Filed 06/14/22 Page 2 of 2
Eighth Amendment for spraying plaintiff with OC spray on January 24, 2017. (Doc. No. 56.)
Those findings and recommendations were served on the parties and contained notice that any
objections thereto were to be filed within fourteen (14) days after service. (Id. at 12–13.) To
date, no objections have been filed with the court and the time in which to do so has since passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the court finds the findings
and recommendations to be supported by the record and by proper analysis.
The findings and recommendations issued on May 9, 2022 (Doc. No. 56) are
Defendants’ motion for partial summary judgment (Doc. No. 36) is granted;
Defendant Jones is dismissed from this action due to plaintiff’s failure to exhaust
his administrative remedies as to his claims involving that defendant prior to filing
Plaintiff’s claims against defendant Garcia regarding the use of excessive force,
other than the use of OC spray, are dismissed due to plaintiff’s failure to exhaust
his administrative remedies as to those claims prior to filing suit;
This action shall proceed only on plaintiff’s claim against defendant Garcia for
excessive force in violation of the Eighth Amendment for spraying plaintiff with
OC spray on January 24, 2017; and
This matter is referred back to the assigned magistrate judge for further
proceedings consistent with this order.
IT IS SO ORDERED.
June 14, 2022
UNITED STATES DISTRICT JUDGE
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