Moon v. Lizarraga et al

Filing 35

ORDER signed by District Judge Morrison C. England, Jr on 6/29/16 ORDERING that the findings and recommendations filed February 24, 2016, are adopted in full; this action shall proceed against defendant Jenkins on plaintiff's excessive force and retaliation claims only; and all other defendants and claims are dismissed for failure to state a claim. (Becknal, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN MOON, 12 Plaintiff, 13 14 No. 2:15-cv-0027-MCE-CMK-P v. ORDER JOE A. LIZARRAGA, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 17 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. On February 24, 2016, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. No objections to the findings and recommendations have been 23 filed. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 24, 2016, are adopted in 2. This action shall proceed against defendant Jenkins on plaintiff’s excessive 3 4 5 full; force and retaliation claims only; and 6 3. 7 IT IS SO ORDERED. 8 All other defendants and claims are dismissed for failure to state a claim. Dated: June 29, 2016 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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