(PC) Johnson v. Arabia et al

Filing 26

ORDER signed by District Judge John A. Mendez on 10/10/2019 ADOPTING 24 Findings and Recommendations in full. All claims other than a claim for excessive force arising under the 4th Amendment against defendants Arabia, Williams, Lee, and Warren as detailed on pages 13 and 14 of plaintiff's complaint are DISMISSED. (York, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

HENRY CHARLES JOHNSON, JR.,

12
13
14
15

No. 2:18-cv-2221 JAM CKD P

Plaintiff,
v.

ORDER

JOHN ARABIA, et al.,
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 August 26, 2019, the magistrate judge filed findings and recommendations herein

21

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

22

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

23

objections to the findings and recommendations.

24

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

25

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

26

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

27

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

28

and by the magistrate judge’s analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed August 26, 2019 are adopted in full; and

3

2. All claims other than a claim for excessive force arising under the Fourth Amendment

4

against defendants Arabia, Williams, Lee and Warren as detailed on pages 13 and 14 of plaintiff’s

5

complaint are dismissed.

6
7

Dated: October 10, 2019

/s/ John A. Mendez
HONORABLE JOHN A. MENDEZ
United States District Court Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2