(PC) Johnson v. Gonzalez et al, No. 1:2009cv01264 - Document 23 (E.D. Cal. 2010)
Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS, ORDER Dismissing Fourteenth Amendment Claims Against Defendants Reed, Sumaya, And Adams (Doc. 13 ), signed by Chief Judge Anthony W. Ishii on 6/14/2010. (Scrivner, E)
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(PC) Johnson v. Gonzalez et al Doc. 23 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY JOHNSON, 10 11 12 13 Plaintiff, CASE NO. 1:09-cv-01264-AWI-SKO PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. L. GONZALEZ, et al., Defendants. 14 ORDER DISMISSING FOURTEENTH AMENDMENT CLAIMS AGAINST DEFENDANTS REED, SUMAYA, AND ADAMS / (Doc. 13) 15 16 Plaintiff Anthony Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On March 24, 2010, the Magistrate Judge issued a Findings and Recommendations which 20 recommended that this action proceed on Plaintiff’s claims against Defendants Gonzalez and 21 Murrieta for the use of excessive force in violation of the Eighth Amendment and that Plaintiff’s 22 Fourteenth Amendment claims and claims against Defendants Reed, Sumaya, and Adams be 23 dismissed. (Doc. #13.) The Findings and Recommendations were served on Plaintiff and contained 24 notice to Plaintiff that any objections to the Findings and Recommendations were to be filed within 25 thirty (30) days of date on which they were served. Plaintiff has not filed objections to the Findings 26 and Recommendations. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 28 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 1 Dockets.Justia.com 1 finds the Findings and Recommendations to be supported by the record and by proper analysis. 2 Accordingly, the Court HEREBY ORDERS: 3 1. The March 24, 2010 Findings and Recommendations are ADOPTED in full; and 4 2. This action proceeds on Plaintiff’s complaint filed July 21, 2009 against Defendants 5 Gonzalez and Murrieta for use of excessive force in violation of the Eighth 6 Amendment; and 7 2. Plaintiff’s Fourteenth Amendment claims and Plaintiff’s claims against Defendants 8 Reed, Sumaya, and Adams are DISMISSED for failure to state a claim upon which 9 relief can be granted. 10 11 IT IS SO ORDERED. 12 Dated: 0m8i78 June 14, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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