Hunter v. Herrera et al

Filing 8

ORDER ADOPTING 7 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DISMISSING Claims for Injunctive Relief; and ORDER REFERRING Back to Magistrate Judge signed by District Judge Dale A. Drozd on 12/2/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHAN HUNTER,

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Plaintiff,

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No. 1:17-cv-01163-DAD-SAB

v.
G. HERRERA, et al.

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Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
CLAIMS FOR INJUNCTIVE RELIEF, AND
REFERRING BACK TO MAGISTRATE
JUDGE
(Doc. No. 7)

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Plaintiff Nathan Hunter is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.
On September 14, 2017, the assigned magistrate judge issued findings and

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recommendations recommending that this action proceed against defendants G. Herrera, M.

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Martinez, T. Priest, and E. Buenostro on plaintiff’s excessive force claims, and that plaintiff’s

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claims for declaratory and injunctive relief be dismissed. (Doc. No. 7.) The findings and

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recommendations were served on plaintiff and contained notice that objections thereto were to be

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filed within fourteen days. (Id.) To date, no objections have been filed, and the time for doing so

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has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has

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

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undersigned concludes the findings and recommendations are supported by the record and by

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proper analysis.

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Accordingly:
1. The findings and recommendations issued September 14, 2017 (Doc. No. 7) are adopted

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in full;
2. This action shall proceed on plaintiff’s claims for monetary damages against defendants

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Herrera, Martinez, Priest, and Buenostro based on their alleged use of excessive force;

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3. Plaintiff’s request for declaratory and injunctive relief is dismissed; and

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The matter is referred back to the assigned magistrate judge for intitation of service of

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process.

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IT IS SO ORDERED.

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Dated:

December 2, 2017
UNITED STATES DISTRICT JUDGE

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