(PC) Hunt v. Diaz et al
Filing
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ORDER ADOPTING 21 Findings and Recommendations; This action shall proceed solely on plaintiffs excessive use of force claim against defendants D. Diaz, A. Velasquez, J. Brainard, G. Solorio, and K. Reyes; Matter referred back to Magistrate Judge, signed by District Judge Dale A. Drozd on 12/5/19. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARK HUNT,
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No. 1:19-cv-00504-DAD-SAB (PC)
Plaintiff,
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v.
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D. DIAZ, et al.,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. No. 21)
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Defendants.
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Plaintiff Mark Hunt is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On September 19, 2019, the assigned magistrate judge issued findings and
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recommendations recommending that plaintiff’s due process claim be dismissed for failure to
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state a cognizable claim and this action proceed only on plaintiff’s excessive use of force claim
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brought against defendants D. Diaz, A. Velasquez, J. Brainard, G. Solorio, and K. Reyes. (Doc.
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No. 21.) The findings and recommendations were served on plaintiff and contained notice that
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objections were due within twenty-one (21) days. No objections have been filed and the time to
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do so has now passed.
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/////
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings
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and 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 September 19, 2019 (Doc. No. 21) are
adopted in full;
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Plaintiff’s due process claim is dismissed for failure to state a cognizable claim;
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3.
This action shall proceed solely on plaintiff’s excessive use of force claim against
defendants D. Diaz, A. Velasquez, J. Brainard, G. Solorio, and K. Reyes; and
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with this order.
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The matter is referred back to the magistrate judge for further proceedings consistent
IT IS SO ORDERED.
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Dated:
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December 5, 2019
UNITED STATES DISTRICT JUDGE
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