(PC) Casey v. Haddad et al

Filing 50

ORDER ADOPTING 42 Findings and Recommendations to Dismiss Certain Defendants signed by District Judge Kirk E. Sherriff on 06/03/2024. Agatar and Castillo terminated.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOMINIQUE ZAFIR CASEY,

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Plaintiff,

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v.

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HADDAD, et al.,

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Case No. 1:21-cv-00855-KES-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
CERTAIN DEFENDANTS
(Doc. 42)

Defendants.

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Plaintiff Dominique Zafir Casey is a state prisoner proceeding pro se in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 14, 2024, the assigned magistrate judge issued findings and recommendations,

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recommending this action proceed only on plaintiff’s Eighth Amendment excessive force claims

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against defendants Castro and Fernandez and Eighth Amendment failure to intervene claim

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against defendant Haddad. Doc. 42. The magistrate judge recommended defendants Agatar and

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Castillo be dismissed from the action without prejudice, pursuant to Federal Rule of Civil

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Procedure 4(m), due to plaintiff’s failure to effect service on those defendants. Id. Specifically,

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the magistrate judge found that plaintiff failed to provide sufficient information to the United

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States Marshal to effect service of process on defendants Agatar and Castillo. Id. at 4. The

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findings and recommendations were served on plaintiff and contained notice that any objections

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were to be filed within fourteen (14) days after service. Id. at 4-5. No objections have been filed,

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and the deadline to do so has expired.

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In accordance with 28 U.S.C. § 636(b)(1), the court has conducted a de novo review of

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this case. Having carefully reviewed the entire file, the court finds the findings and

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recommendations to be supported by the record and proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1.

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The findings and recommendations issued on March 14, 2024 (Doc. 42) are adopted
in full;

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This action PROCEEDS only on plaintiff’s Eighth Amendment excessive force

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claims against Defendants Castro and Fernandez and Eighth Amendment failure to

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intervene claim against Defendant Haddad;

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3.

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Defendants Agatar and Castillo are DISMISSED without prejudice from this action;
and

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This matter is referred back to the assigned magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

June 3, 2024
UNITED STATES DISTRICT JUDGE

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