(PC) Richson-Bey v. Juarez

Filing 12

ORDER ADOPTING Findings and Recommendations regarding dismissal of certain claims 9 signed by District Judge Ana de Alba on 9/15/2022. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SEAN JEFFERY RICHSON-BEY,

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No. 1:22-cv-00567-ADA-BAM (PC)

Plaintiff,

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v.

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JUAREZ,

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

(Doc. No. 9)

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Plaintiff Sean Jeffery Richson-Bey is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On June 30, 2022, the assigned magistrate judge screened plaintiff’s complaint and

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granted plaintiff leave to file an amended complaint or notify the court of his willingness to

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proceed on the cognizable claim identified by the court. (Doc. No. 6.) On July 12, 2022, plaintiff

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notified the court of his willingness to proceed on the cognizable claim identified by the court.

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(Doc. No. 7.)

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Pursuant to plaintiff’s notification, the magistrate judge issued findings and

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recommendations that this action proceed on plaintiff’s complaint against defendant Juarez for

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excessive force in violation of the Eighth Amendment. (Doc. No. 9.) The magistrate judge

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further recommended that all other claims be dismissed based on plaintiff’s failure to state claims

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upon which relief may be granted. (Id.) The findings and recommendations were served on
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plaintiff and contained notice that any objections were to be filed within fourteen (14) days after

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service. (Id. at 6.)

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On August 1, 2022, plaintiff filed objections to the findings and recommendations. (Doc.

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No. 10.) Plaintiff’s objections do not relate to the substance of the findings and recommendations

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or the cognizable claim found by the magistrate judge, but apparently seeks to clarify plaintiff’s

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argument as to the source of his rights under the 1836 United States-Morocco Treaty of Peace and

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Friendship. (Id.) As discussed in the findings and recommendations, plaintiff cannot state a

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claim under the 1836 United States-Morocco Treaty of Peace and Friendship, and, to the extent

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plaintiff seeks to raise claims arising under that treaty, those claims are frivolous and fail to state

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a cognizable claim for relief. (See Doc. No. 9 at 5.)
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, including plaintiff’s

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objections, the court finds the findings and recommendations to be supported by the record and

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by proper analysis.

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Accordingly,

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1. The findings and recommendations issued on July 13, 2022, (Doc. No. 9), are adopted

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in full;

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2. This action shall proceed on plaintiff’s complaint, filed May 11, 2022, (Doc. No. 1),

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against Defendant Juarez for excessive force in violation of the Eighth Amendment;

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3. All other claims are dismissed from this action for failure to state claims 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:

September 15, 2022
UNITED STATES DISTRICT JUDGE

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