(PC) Hunt v. Diaz et al, No. 1:2019cv00504 - Document 22 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 21 Findings and Recommendations; This action shall proceed solely on plaintiffs excessive use of force claim against defendants D. Diaz, A. Velasquez, J. Brainard, G. Solorio, and K. Reyes; Matter referred back to Magistrate Judge, signed by District Judge Dale A. Drozd on 12/5/19. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK HUNT, 12 No. 1:19-cv-00504-DAD-SAB (PC) Plaintiff, 13 v. 14 D. DIAZ, et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 21) 15 Defendants. 16 17 Plaintiff Mark Hunt is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 19, 2019, the assigned magistrate judge issued findings and 21 recommendations recommending that plaintiff’s due process claim be dismissed for failure to 22 state a cognizable claim and this action proceed only on plaintiff’s excessive use of force claim 23 brought against defendants D. Diaz, A. Velasquez, J. Brainard, G. Solorio, and K. Reyes. (Doc. 24 No. 21.) The findings and recommendations were served on plaintiff and contained notice that 25 objections were due within twenty-one (21) days. No objections have been filed and the time to 26 do so has now passed. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly: 5 1. The findings and recommendations issued on September 19, 2019 (Doc. No. 21) are adopted in full; 6 7 2. Plaintiff’s due process claim is dismissed for failure to state a cognizable claim; 8 3. This action shall proceed solely on plaintiff’s excessive use of force claim against defendants D. Diaz, A. Velasquez, J. Brainard, G. Solorio, and K. Reyes; and 9 10 4. with this order. 11 12 The matter is referred back to the magistrate judge for further proceedings consistent IT IS SO ORDERED. 13 Dated: 14 December 5, 2019 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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