Barboza v. Stengel
Filing
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ORDER Adopting 11 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 11/24/2018. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARK LEE BARBOZA,
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Plaintiff,
Case No. 1:18-cv-00580-LJO-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
v.
(ECF NOS. 1 & 11)
SEAN STENGEL,
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Defendant.
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Mark Barboza (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a
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United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 4, 2018, Magistrate Judge Erica P. Grosjean entered findings and
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recommendations, recommending “that all claims be dismissed, except for Plaintiff’s claim
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against Defendant Sean Stengel for excessive force in violation of the Eighth Amendment.”
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(ECF No. 11, p. 2).
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Plaintiff was provided an opportunity to file objections to the findings and
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recommendations. The deadline for filing objections has passed and Plaintiff has not filed
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objections.
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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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the Court finds the findings and recommendations to be supported by the record and proper
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analysis.
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Accordingly, THE COURT HEREBY ORDERS that:
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1. The findings and recommendations issued by the magistrate judge on October 4,
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2018, are ADOPTED in full; and
2. All claims are dismissed, except for Plaintiff’s claim against Defendant Sean
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Stengel for excessive force in violation of the Eighth Amendment.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
November 24, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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