Alvarado v. County of Tulare

Filing 20

ORDER Adopting 19 Findings and Recommendations Regarding Dismissal of Certain Claims and Defenandants, signed by Chief Judge Lawrence J. O'Neill on 5/17/19. County of Tulare terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL DEAN ALVARADO, JR.,

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Plaintiff,
v.

Case No. 1:17-cv-01396-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF CERTAIN CLAIMS AND
DEFENDANTS

COUNTY OF TULARE, et al.,
(ECF No. 19)
Defendants.

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Plaintiff Daniel Dean Alvarado, Jr. (“Plaintiff”) is a former pretrial detainee proceeding
pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On April 22, 2019, the assigned Magistrate Judge screened Plaintiff’s first amended

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complaint under 28 U.S.C. § 1915A, and found that it stated a cognizable claim for excessive

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force in violation of the Fourteenth Amendment against Defendant Rales, but failed to state any

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other cognizable claims against any other defendants. Accordingly, the Magistrate Judge issued

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findings and recommendations that this action proceed on Plaintiff’s first amended complaint

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against Defendant Rales for excessive force in violation of the Fourteenth Amendment and all

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other claims and defendants be dismissed from this action for failure to state a claim. (ECF No.

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19.) The findings and recommendations were served on Plaintiff and contained notice that any

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objections were to be filed within fourteen (14) days after service. (Id. at 7.) No objections have

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been filed, and the deadline in which to do so has expired.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds the

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findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued on April 22, 2019, (ECF No. 19), are

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adopted in full;
2. This action shall proceed on Plaintiff’s first amended complaint, filed November 16,

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2018, (ECF No. 18), against Defendant Rales for excessive force in violation of the

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Fourteenth Amendment;

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3. All other claims and defendants are dismissed based on Plaintiff’s failure to state

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claims upon which relief may be granted; and
4. This action is referred back to the assigned Magistrate Judge for further proceedings

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consistent with this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 17, 2019

UNITED STATES CHIEF DISTRICT JUDGE
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