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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NATHAN HUNTER, 12 Plaintiff, 13 14 No. 1:17-cv-01163-DAD-SAB v. G. HERRERA, et al. 15 Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING CLAIMS FOR INJUNCTIVE RELIEF, AND REFERRING BACK TO MAGISTRATE JUDGE (Doc. No. 7) 17 Plaintiff Nathan Hunter is appearing pro se and in forma pauperis in this civil rights 18 19 action pursuant to 42 U.S.C. § 1983. On September 14, 2017, the assigned magistrate judge issued findings and 20 21 recommendations recommending that this action proceed against defendants G. Herrera, M. 22 Martinez, T. Priest, and E. Buenostro on plaintiff’s excessive force claims, and that plaintiff’s 23 claims for declaratory and injunctive relief be dismissed. (Doc. No. 7.) The findings and 24 recommendations were served on plaintiff and contained notice that objections thereto were to be 25 filed within fourteen days. (Id.) To date, no objections have been filed, and the time for doing so 26 has passed. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has 2 conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 undersigned concludes the findings and recommendations are supported by the record and by 4 proper analysis. 5 6 Accordingly: 1. The findings and recommendations issued September 14, 2017 (Doc. No. 7) are adopted 7 8 in full; 2. This action shall proceed on plaintiff’s claims for monetary damages against defendants 9 Herrera, Martinez, Priest, and Buenostro based on their alleged use of excessive force; 10 3. Plaintiff’s request for declaratory and injunctive relief is dismissed; and 11 4. The matter is referred back to the assigned magistrate judge for intitation of service of 12 process. 13 IT IS SO ORDERED. 14 Dated: December 2, 2017 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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