(PC) Beckett v. Moreno et al

Filing 15

ORDER ADOPTING 14 Findings and Recommendations; ORDERED that this action shall proceed on Plaintiff's First Amended Complaint against Defendants Sedillo and Moreno, all other claims are dismissed; ORDERED that this action be referred back to Magistrate Judge, signed by District Judge Dale A. Drozd on 1/7/2021. (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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MATTHEW H. BECKETT,

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No. 1:20-cv-01427-NONE-BAM (PC)

Plaintiff,

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v.

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MORENO, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF CERTAIN CLAIMS
Defendants.

(Doc. No. 14)

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Plaintiff Matthew H. Beckett is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983.

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On November 12, 2020, the assigned magistrate judge screened plaintiff’s first amended

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complaint and issued findings and recommendations recommending that this action proceed on

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plaintiff’s claim for excessive force in violation of the Eighth Amendment for the incident on

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October 21, 2018 against defendants Sedillo and Moreno for force used after the time plaintiff

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lost consciousness. (Doc. No. 14.) The magistrate judge further recommended that all other

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claims be dismissed based on plaintiff’s failure to state claims upon which relief may be granted.

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(Id.) The findings and recommendations were served on plaintiff and contained notice that any

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objections were to be filed within fourteen (14) days after service. (Id. at 6.) No objections have

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been filed, and the deadline to do so has expired.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this 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 November 12, 2020, (Doc. No. 14), are

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adopted in full;

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2. This action shall proceed on plaintiff’s first amended complaint, filed November 6,

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2020, (Doc. No. 12), against defendants Sedillo and Moreno for force used after the

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time plaintiff lost consciousness during the incident on October 21, 2018, in violation

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of the Eighth Amendment;
3. All other claims are dismissed from this action for failure to state a claim upon which

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relief may be granted; and
4. This action is referred back to the magistrate judge for proceedings consistent with this

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order.

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IT IS SO ORDERED.
Dated:

January 7, 2021
UNITED STATES DISTRICT JUDGE

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