(PC) Bull v. Scribner, et al., No. 1:2005cv01255 - Document 31 (E.D. Cal. 2010)

Court Description: ORDER RE: FINDINGS AND RECOMMENDATIONS 30 signed by District Judge Lawrence J. O'Neill on 12/1/10: The Findings and Recommendations are adopted in full; This action proceeds on the First Amended Complaint, filed February 1, 2008, against Defendants Brown and Rivera; The remaining Defendants are DISMISSED. (Hellings, J)
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(PC) Bull v. Scribner, et al. Doc. 31 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 EMMANUEL BULL, ) ) Plaintiff, ) ) v. ) ) A. K. SCRIBNER, et al., ) ) Defendants. ) ____________________________________) NO. 1:05 cv 01255 LJO GSA PC ORDER RE: FINDINGS & RECOMMENDATIONS Document # 30 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 18 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 19 Rule 302. 20 On October 25, 2010, findings and recommendations were entered, recommending 21 dismissal of certain claims and defendant. Plaintiff was provided an opportunity to file 22 objections within thirty days. Plaintiff has not filed objections to the findings and 23 recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and proper analysis. 27 Accordingly, THE COURT HEREBY ORDERS that: 28 1. The Findings and Recommendations issued by the Magistrate Judge on October Dockets.Justia.com 1 25, 2010, are adopted in full; and 2 2. This action proceeds on the first amended complaint, filed February 1, 2008, 3 against Defendants Brown and Rivera for the incident of excessive force on 4 September 18, 2002, inv violation of the Eighth Amendment. 5 3. Plaintiff’s claims regarding the February 27, 2003, disciplinary hearing, the denial 6 of visiting privileges on January 1, 2003, the incident of excessive force on April 7 10, 2002, the incident of excessive force on July 8, 2002, and the incident of 8 excessive force on September 18, 2002, are dismissed. 9 4. The remaining defendants are dismissed. 10 11 IT IS SO ORDERED. Dated: b9ed48 December 1, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2