(PC) Gibbs v. Webb et al

Filing 18

ORDER signed by District Judge John A. Mendez on 10/13/2020 ADOPTING 16 Findings and Recommendations in full; This action shall proceed on the following claims: (1) Monell1 claims against Shasta County and California Forensic Medical Group, (2) a First Amendment retaliation claim against Deputy J. Webb, Sergeant C. Reed, Sergeant B. Rodgers, and Captain Dave Kent; (3) a First Amendment right to petition claim against Deputy Webb, Sergeant Reed, and Sergeant Rodgers; (4) a Fourteenth Amendment excessive force claim against Deputy Webb; and (5) a Fourteenth Amendment failure to protect claim against Deputy Barnhart. All other claims and defendants are hereby DISMISSED. Case to remain open. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT A. GIBBS,

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No. 2:18-cv-2817 JAM DB P

Plaintiff,

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v.

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J. WEBB, 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 July 23, 2020, 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 has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed July 23, 2020, are adopted in full; and
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2. This action shall proceed on the following claims: (1) Monell 1 claims against Shasta

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County and California Forensic Medical Group, (2) a First Amendment retaliation claim against

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Deputy J. Webb, Sergeant C. Reed, Sergeant B. Rodgers, and Captain Dave Kent; (3) a First

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Amendment right to petition claim against Deputy Webb, Sergeant Reed, and Sergeant Rodgers;

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(4) a Fourteenth Amendment excessive force claim against Deputy Webb; and (5) a Fourteenth

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Amendment failure to protect claim against Deputy Barnhart.

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3. All other claims and defendants are hereby dismissed.

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4. Case to remain open.

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DATED: October 13, 2020

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/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978).
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