Kimbro v. Miranda et al

Filing 81

ORDER adopting 66 FINDINGS AND RECOMMENDATIONS IN FULL signed by Chief Judge Morrison C. England, Jr on 4/15/14: The following claims are dismissed: 1) defendants McBride and Kelly used excessive force; 2) defendant Clark failed to give plaintiff his medication on December 23, 2008; and 3) all claims against defendant LaJeuenesse. (Kaminski, H)

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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 RICHARD KIMBRO, 12 13 14 No. 2: 12-cv-2154 MCE KJN P Plaintiff, v. ORDER MIRANDA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 30, 2014, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. (ECF No. 75.) Defendants have filed a reply to 24 plaintiff’s objections. (ECF No. 78.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 30, 2014, are adopted in full; and 3 2. The following claims are dismissed: 1) defendants McBride and Kelly used excessive 4 force; 2) defendant Clark failed to give plaintiff his medication on December 23, 2008; and 3) all 5 claims against defendant LaJeuenesse. 6 Dated: April 15, 2014 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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