(PC) Beckett v. Moreno et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MATTHEW H. BECKETT,
No. 1:20-cv-01427-NONE-BAM (PC)
MORENO, et al.,
ORDER ADOPTING FINDINGS AND
DISMISSAL OF CERTAIN CLAIMS
(Doc. No. 14)
Plaintiff Matthew H. Beckett is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.
On November 12, 2020, the assigned magistrate judge screened plaintiff’s first amended
complaint and issued findings and recommendations recommending that this action proceed on
plaintiff’s claim for excessive force in violation of the Eighth Amendment for the incident on
October 21, 2018 against defendants Sedillo and Moreno for force used after the time plaintiff
lost consciousness. (Doc. No. 14.) The magistrate judge further recommended that all other
claims be dismissed based on plaintiff’s failure to state claims upon which relief may be granted.
(Id.) The findings and recommendations were served on plaintiff and contained notice that any
objections were to be filed within fourteen (14) days after service. (Id. at 6.) No objections have
been filed, and the deadline to do so has expired.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the court finds the findings
and recommendations to be supported by the record and by proper analysis.
1. The findings and recommendations issued on November 12, 2020, (Doc. No. 14), are
adopted in full;
2. This action shall proceed on plaintiff’s first amended complaint, filed November 6,
2020, (Doc. No. 12), against defendants Sedillo and Moreno for force used after the
time plaintiff lost consciousness during the incident on October 21, 2018, in violation
of the Eighth Amendment;
3. All other claims are dismissed from this action for failure to state a claim upon which
relief may be granted; and
4. This action is referred back to the magistrate judge for proceedings consistent with this
IT IS SO ORDERED.
January 7, 2021
UNITED STATES DISTRICT JUDGE
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