Robinson v. Davey et al
Filing
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ORDER ADOPTING 46 Findings and Recommendations and for This Case to Proceed Only Against Defendant German for Use of Excessive Force, and Against Defendants Peterson and Gonzales-Thompson for Inadequate Medical Care Under the Eighth Amendment, and Dismissing All Other Claims and Defendants, signed by District Judge Dale A. Drozd on 5/21/19. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY L. ROBINSON,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND FOR THIS
CASE TO PROCEED ONLY AGAINST
DEFENDANT GERMAN FOR USE OF
EXCESSIVE FORCE, AND AGAINST
DEFENDANTS PETERSON AND
GONZALES-THOMPSON FOR
INADEQUATE MEDICAL CARE UNDER
THE EIGHTH AMENDMENT, AND
DISMISSING ALL OTHER CLAIMS AND
DEFENDANTS
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(Doc. No. 46)
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Plaintiff,
No. 1: 17-cv-01524-DAD-GSA
v.
DAVE DAVEY, et al.,
Defendants.
Plaintiff Anthony L. Robinson is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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The assigned magistrate judge screened the First Amended Complaint (“FAC”) and found
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that it stated cognizable claims under the Eighth Amendment against defendant German for use of
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excessive force, and against defendants Peterson and Gonzales-Thompson for failing to provide
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adequate medical care to plaintiff. (Doc. No. 29.) On October 29, 2018, the court issued a
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screening order, requiring plaintiff to either (1) file a Second Amended Complaint (“SAC”), or
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(2) notify the court that he is willing to proceed only with the claims found cognizable by the
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court. (Id.) On January 30, 2019, plaintiff notified the court that he is willing to proceed only
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with the claims found cognizable by the court in the screening order. (Doc. No. 45.)
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On January 31, 2019, the court entered findings and recommendations, recommending
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that this action proceed only against defendant German for use of excessive force, and against
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defendants Peterson and Gonzales-Thompson for failing to provide adequate medical care under
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the Eighth Amendment, and that all other claims and defendants be dismissed from this action
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based on plaintiff’s failure to state a claim. (Doc. No. 46.) However, despite the indication
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included in his filing of January 30, 2019, on March 25, 2019, plaintiff filed objections to the
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findings and recommendations. (Doc. No. 50.) In his objections, plaintiff does not raise any new
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arguments but instead, reiterates arguments related to his request for a preliminary injunction that
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have already been addressed by the magistrate judge and adopted by this court. (See Doc. Nos.
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37, 51.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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including plaintiff’s objections, the court finds the findings and recommendations to be supported
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by the record and proper analysis.
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Accordingly,
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use of excessive force, and against defendants Peterson and Gonzales-Thompson
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for failing to provide adequate medical care in violation of the Eighth Amendment;
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All remaining claims and defendants are dismissed from this action due to
plaintiff’s failure to state a cognizable claim;
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This action now proceeds only on plaintiff’s claims against defendant German for
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Plaintiff’s claims for violation of due process and equal protection, negligence,
false reports, conspiracy, and cover-up of wrongdoing are dismissed from this
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action due to plaintiff's failure to state any claims upon which relief may be
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granted;
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4.
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Defendants Davey, Munoz, Welch, Blevins, Wilson, Johnson, and the Doe
Defendants are dismissed from this action due to plaintiff’s failure to state any
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claims against these defendants upon which relief may be granted; and
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5.
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This case is referred back to the magistrate judge for further proceedings,
including initiation of service of process.
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IT IS SO ORDERED.
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Dated:
May 21, 2019
UNITED STATES DISTRICT JUDGE
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