McInnis v. Vaughn et al

Filing 18

ORDER signed by Senior Judge William B. Shubb on 6/4/2018 ADOPTING 14 Findings and Recommendations in full. All defendants and claims other than plaintiffs claim for excessive force arising under the Eighth Amendment against defendant Herrera as alleged by plaintiff in claim II of his complaint are DISMISSED. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LAMAR MCINNIS,

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No. 2:17-cv-1318 WBS CKD P

Plaintiff,

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v.

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VAUGN, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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

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On April 25, 2018 the magistrate judge filed findings and recommendations herein which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having

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

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 25, 2018 are adopted in full; and

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2. All defendants and claims other than plaintiff’s claim for excessive force arising under

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the Eighth Amendment against defendant Herrera as alleged by plaintiff in claim II of his

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complaint are dismissed.

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Dated: June 4, 2018

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mcin1318.jo

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