(PC) Brownlee v. Burnes et al

Filing 23

ORDER ADOPTING 21 Findings and Recommendations, signed by District Judge Jennifer L. Thurston on 11/13/2023. Defendant K. Clark terminated. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:23-cv-00376 JLT HBK (PC)

BENJAMIN JUSTIN BROWNLEE,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL

Plaintiff,
v.

(Doc. 21)

J. BURNES, K. CLARK, M. RIVERA, P.
RODRIGUEZ, AND J.J. FLORES,

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Defendants.

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The assigned magistrate judge issued Findings and Recommendations, recommending that

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Plaintiff be permitted to proceed on his Eighth Amendment excessive use of force claims against

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Defendants Burnes, Rivera, Rodriguez, and Flores; his Eighth Amendment sexual assault claims

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against Defendants Rivera and Rodriguez; and his Eighth Amendment failure to intervene claim

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against Defendant Flores. (Doc. 21.) The magistrate judge recommended that all remaining

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claims and Defendants be dismissed. (Id. at 10.) On November 8, 2023, Plaintiff filed a notice

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indicating that he does not object to the Findings and Recommendations. (See Doc. 22.)

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According to 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court concludes the

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Findings and Recommendations are supported by the record and proper analysis. Thus, the Court

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ORDERS:
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ADOPTED in full.
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The Findings and Recommendations, issued October 18, 2023 (Doc. 21), are

The Clerk of Court is directed to correct the docket to reflect that Defendant Clark
has been dismissed by operation of law.

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The case is remanded to the assigned magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

November 13, 2023

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