Purnell v. Hunt et al

Filing 11

ORDER ADOPTING 10 Findings and Recommendations Recommending that this Action Proceed only on Claim Against Defendant Hunt for Excessive Force in Violation of the Fourth Amendment signed by District Judge Dale A. Drozd on 04/26/2021. Luper (Officer), Carter (Officer) and Garcia-Peralta (Officer) terminated. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGETTE G. PURNELL, 12 Plaintiff, 13 v. 14 N. HUNT, et al., 15 16 17 No. 1:20-cv-01759-NONE-EPG (PS) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THIS ACTION PROCEED ONLY ON CLAIM AGAINST DEFENDANT HUNT FOR EXCESSIVE FORCE IN VIOLATION OF THE FOURTH AMENDMENT Defendants. (Doc. No. 10) Plaintiff Georgette G. Purnell is proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s complaint against 19 defendants N. Hunt, Luper, Garcia-Peralta, and Carter for alleged violation of plaintiff’s rights 20 after an automobile collision. This matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On April 8, 2021, the assigned magistrate judge issued findings and recommendations 23 recommending that this action proceed on plaintiff’s claim against defendant N. Hunt for 24 excessive force in violation of the Fourth Amendment; that plaintiff’s claims against defendants 25 Luper, Garcia-Peralta and Carter for excessive force in violation of the Fourth Amendment be 26 dismissed, without prejudice; and that all other claims in plaintiff’s complaint be dismissed, with 27 prejudice. (Doc. No. 10.) Those findings and recommendations were served on the plaintiff and 28 contained notice that any objections thereto were to be filed within fourteen (14) days after 1 1 service. (Id. at 4.) No objections have been filed, and the deadline to do so has expired. 2 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 3 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 4 magistrate judge’s findings and recommendations are supported by the record and by proper 5 analysis. 6 7 8 9 10 11 12 13 Accordingly, 1. The findings and recommendations issued on April 8, 2021, (Doc. No. 10), are adopted in full; 2. This action shall proceed on Plaintiff’s claim against defendant N. Hunt for excessive force in violation of the Fourth Amendment; 3. Plaintiff’s claims against defendants Luper, Garcia-Peralta and Carter for excessive force in violation of the Fourth Amendment are dismissed, without prejudice; and 4. All other claims in Plaintiff’s complaint are dismissed, with prejudice 14 15 16 IT IS SO ORDERED. Dated: April 26, 2021 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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