(PC) Hunter v. Youngblood et al, No. 1:2007cv00373 - Document 22 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS; ORDER for this Action to Proceed Only Against Defendant Hinojosa for Excessive Force Under the due Process Clause, and Dismissing all Remaining Claims and Defendants signed by District Judge Lawrence J. O'Neill on 10/01/2009. Defendants Mann; Donny Youngblood; P Davis and Edward R. Jagels terminated from action. (Flores, E)
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(PC) Hunter v. Youngblood et al Doc. 22 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 LEROY DEWITT HUNTER, 11 12 13 Plaintiff, vs. YOUNGBLOOD, et al., 14 15 16 1:07-cv-00373-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 20.) ORDER FOR THIS ACTION TO PROCEED ONLY AGAINST DEFENDANT HINOJOSA FOR EXCESSIVE FORCE UNDER THE DUE PROCESS CLAUSE, AND DISMISSING ALL REMAINING CLAIMS AND DEFENDANTS Defendants. _____________________________/ 17 Leroy Dewitt Hunter (“plaintiff”) is a state prisoner proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. 20 On September 3, 2009, findings and recommendations were entered, recommending 21 that this action proceed only against defendant Hinojosa for excessive force under the Due Process 22 Clause, and that all other claims and defendants be dismissed. On September 16, 2009, plaintiff 23 filed a statement of non-opposition to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73- 25 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 26 file, the court finds the findings and recommendations to be supported by the record and proper 27 analysis. 28 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on September 3 3, 2009, are adopted in full; 4 5 2. This action now proceeds only against defendant Hinojosa for excessive force under the Due Process Clause; 6 3. All remaining claims and defendants are dismissed from this action; 7 4. Defendants Kern County Sheriff Donny Youngblood, Officer P. Davis, Deputy 8 Sheriff Sergeant Mann, and District Attorney Edward R. Jagels are dismissed from this action based 9 on Plaintiff's failure to state any claims upon which relief may be granted against them; and 10 5. Plaintiff's claims for equal protection, supervisory liability, and malicious 11 prosecution are dismissed for failure to state a claim upon which relief may be granted under section 12 1983; and 13 6. The Clerk is directed to reflect the dismissal of defendants Kern County Sheriff 14 Donny Youngblood, Officer P. Davis, Deputy Sheriff Sergeant Mann, and District Attorney Edward 15 R. Jagels from this action on the court's docket. 16 17 IT IS SO ORDERED. 18 Dated: 66h44d October 1, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2
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