(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW H. BECKETT, 12 No. 1:20-cv-01427-NONE-BAM (PC) Plaintiff, 13 v. 14 MORENO, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS Defendants. (Doc. No. 14) 16 Plaintiff Matthew H. Beckett is a state prisoner proceeding pro se and in forma pauperis 17 18 in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On November 12, 2020, the assigned magistrate judge screened plaintiff’s first amended 20 complaint and issued findings and recommendations recommending that this action proceed on 21 plaintiff’s claim for excessive force in violation of the Eighth Amendment for the incident on 22 October 21, 2018 against defendants Sedillo and Moreno for force used after the time plaintiff 23 lost consciousness. (Doc. No. 14.) The magistrate judge further recommended that all other 24 claims be dismissed based on plaintiff’s failure to state claims upon which relief may be granted. 25 (Id.) The findings and recommendations were served on plaintiff and contained notice that any 26 objections were to be filed within fourteen (14) days after service. (Id. at 6.) No objections have 27 been filed, and the deadline to do so has expired. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on November 12, 2020, (Doc. No. 14), are 6 adopted in full; 7 2. This action shall proceed on plaintiff’s first amended complaint, filed November 6, 8 2020, (Doc. No. 12), against defendants Sedillo and Moreno for force used after the 9 time plaintiff lost consciousness during the incident on October 21, 2018, in violation 10 11 of the Eighth Amendment; 3. All other claims are dismissed from this action for failure to state a claim upon which 12 13 relief may be granted; and 4. This action is referred back to the magistrate judge for proceedings consistent with this 14 order. 15 16 17 IT IS SO ORDERED. Dated: January 7, 2021 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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