Madden v. Hicks et al

Filing 54

ORDER ADOPTING 53 Findings and Recommendations DENYING 31 Defendants' Motion to Dismiss, signed by District Judge Ana de Alba on 03/14/2023. Case is referred back to Magistrate Judge for further proceedings. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MADDEN, Successor-inInterest to Ryan P. Madden, et al.,
Plaintiffs,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
DEFENDANTS’ MOTIONS TO DISMISS

v.

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No. 1:18-cv-00255-ADA-BAM (PC)

(ECF Nos. 31, 53)
HICKS, et al.,
Defendants.

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Plaintiffs Michael Madden and Kathleen “Kathy” Madden (“Plaintiffs”), as Successors-in-

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Interest to Ryan P. Madden, are proceeding pro se and in forma pauperis in this civil rights action

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under 42 U.S.C. § 1983. This action proceeds against Defendant Hicks for excessive force and

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assault and battery claims, and against Defendants Silva and Hicks for California Bane Act and

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retaliation claims. This matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 7, 2023, the assigned Magistrate Judge issued findings and recommendations

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recommending that the motion to dismiss filed by Defendants be denied. (ECF No. 53.) The

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findings and recommendations were served on the parties and contained notice that any objections

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were to be filed within fourteen days. (Id. at 17-18.) No objections were filed, and the deadline to

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do so has expired.

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In accordance with 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of

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this case.

Having carefully reviewed the entire file, the Court finds the findings and

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

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Accordingly,

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1. The findings and recommendations issued on February 7, 2023, (ECF No. 53), are

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adopted in full;

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2. Defendants’ motion to dismiss, (ECF No. 31), is denied; and

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3. 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:

March 14, 2023
UNITED STATES DISTRICT JUDGE

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