Tracye B. Washington v. Stark et al
Filing
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ORDER Adopting 14 FINDINGS AND RECOMMENDATIONS, Allowing Action to Proceed on Plaintiff's Excessive Force Claim, and DISMISSING all other Claims and Defendants for Failure to State a Cognizable Claim for Relief signed by Chief Judge Lawrence J. O'Neill on 6/26/2018. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TRACYE BENARD WASHINGTON,
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Plaintiff,
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v.
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E. STARK, et.al.,
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Defendants.
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Case No.: 1:18-cv-00564-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, ALLOWING ACTION
TO PROCEED ON PLAINTIFF’S EXCESSIVE
FORCE CLAIM, AND DISMISSING ALL OTHER
CLAIMS AND DEFENDANTS FOR FAILURE TO
STATE A COGNIZABLE CLAIM FOR RELIEF
[ECF Nos. 1, 9, 12, 14]
Plaintiff Tracye Benard Washington is appearing pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
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On May 15, 2018, the Court screened Plaintiff’s complaint and found that it stated a
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cognizable claim for excessive force against Defendants Hicks and Rocha. (ECF No. 9.) Plaintiff
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was granted an opportunity to amend his complaint, or notify the Court that he is agreeable to
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proceeding only on the excessive force identified as cognizable. (Id.)
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On May 31, 2018, Plaintiff notified the Court that he wished to proceed only on the excessive
force and dismiss all other claims. (ECF No. 12.)
As a result, on June 4, 2018, the Magistrate Judge issued Findings and Recommendations
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recommending that this action only proceed on the excessive force claim against Defendants Hicks
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and Rocha, and all other claims and Defendants be dismissed for the reasons stated in the Court’s May
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15, 2018, screening order. (ECF No. 14.) The Findings and Recommendations were served on
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Plaintiff and contained notice that objections were to be filed within fourteen (14) days. Over fourteen
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days have passed and no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of 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, IT IS HEREBY ORDERED that:
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1.
The Findings and Recommendations, filed on June 4, 2018, are adopted in full;
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This action shall procced on Plaintiff’s excessive force claim against Defendants Hicks
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and Rocha; and
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3.
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All other claims and Defendants are dismissed from the action for failure to state a
cognizable claim for relief.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
June 26, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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