(PC) Turner v. Sacramento City Fire Dept. et al

Filing 28

ORDER signed by District Judge Troy L. Nunley on 4/26/2021; ADOPTING 26 the Findings and Recommendations filed 3/15/2021, IN FULL; and this action proceeds only on a Fourth Amendment excessive force claim against Officer Guibord and all other claims and Defendants are DISMISSED(Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY DEWAYNE LEE TURNER, 12 Plaintiff, 13 14 15 No. 2:19-cv-00416-TLN-DB v. ORDER SACRAMENTO CITY FIRE DEPT., et al., Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 15, 2021, the magistrate judge filed findings and recommendations herein 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 24 objections to the findings and recommendations. 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 March 15, 2021, are ADOPTED IN FULL; 3 2. This action proceeds only on a Fourth Amendment excessive force claim against 4 Officer Guibord and all other claims and Defendants are DISMISSED. 5 DATED: April 26, 2021 6 7 8 Troy L. Nunley United States District Judge 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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