(PC) Jakan C. Mills v. Cuellar et al

Filing 23

ORDER ADOPTING 14 Findings and Recommendations; ORDERED that all claims and defendants are DISMISSED except for claim against Cuellar and Diaz; ORDERED that defendant William Joe Sullivan be Dismissed, signed by District Judge Dale A. Drozd on 1/8/2021. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAKAN CHAMEL MILLS, 12 Plaintiff, 13 14 v. R. CUELLAR, et al., 15 No. 1:20-cv-01247-NONE-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. No. 14) Defendants. 16 17 Jakan Mills (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 16, 2020, the assigned magistrate judge entered findings and 21 recommendations, recommending that “all claims and defendants be dismissed, except for 22 Plaintiff’s Eighth Amendment excessive force claim against defendants Cuellar and Diaz.” (Doc. 23 No. 14 at 7.) 24 Plaintiff was provided an opportunity to file objections to the findings and 25 recommendations. The deadline to file objections has passed, and plaintiff has not filed 26 objections or otherwise responded to the findings and recommendations. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 1 1 court finds the findings and recommendations to be supported by the record and proper analysis. 2 Accordingly, 3 1. 4 5 are adopted in full; 2. 6 7 The findings and recommendations issued on November 16, 2020, (Doc. No. 7), All claims and defendants are dismissed, except for Plaintiff’s Eighth Amendment excessive force claim against defendants Cuellar and Diaz; and 3. The Clerk of Court is directed to reflect the dismissal of defendant William Joe Sullivan on the court’s docket. 8 9 10 11 IT IS SO ORDERED. Dated: January 8, 2021 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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