(PC) Hawkins v. Ibarra et al, No. 1:2014cv00009 - Document 18 (E.D. Cal. 2014)
Court Description: ORDER ADOPTING Findings and Recommendations Regarding Dismissal of Certain Claims and Defendant: D.P. Sweeney ; ORDERED that this action shall proceed on Plaintiff's Complaint filed December 14, 2012, against Defendant S. Ibarra; ORDERED that within twenty-one (21) days after service of this order Defendant S. Ibarra shall file an answer,signed by District Judge Anthony W. Ishii on 11/14/14. ( 21-Day Deadline) (Martin-Gill, S)
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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 HOMER EARL HAWKINS, 10 11 12 13 Plaintiff, v. S. IBARRA, et al., Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) 1:14-cv-00009-AWI-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS (ECF No. 17) 15 16 Plaintiff Homer Earl Hawkins (“Plaintiff”) is proceeding pro se in this civil rights action 17 filed pursuant to 42 U.S.C. § 1983. The action was removed to this Court on January 2, 2014. 18 On October 17, 2014, the Magistrate Judge issued Findings and Recommendations that 19 this action proceed on Plaintiff’s complaint, originally filed on December 14, 2012, against 20 Defendant S. Ibarra for excessive force in violation of the Eighth Amendment; Plaintiff’s 21 retaliation and Fourteenth Amendment claims be dismissed from this action; and Defendants 22 Sweeney and the Doe Defendants be dismissed from this action. The Findings and 23 Recommendations were served on the parties and contained notice that any objections were to be 24 filed within fourteen (14) days. (ECF No. 17.) More than fourteen days have passed and no 25 objections have been filed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 27 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 28 Findings and Recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 The Findings and Recommendations, issued on October 17, 2014, are adopted in full; 2. This action shall proceed on Plaintiff’s complaint, originally filed on December 5 14, 2012, against Defendant S. Ibarra for excessive force in violation of the 6 Eighth Amendment; 7 3. 8 Plaintiff’s retaliation and Fourteenth Amendment claims are dismissed from this action; 9 4. Defendant Sweeney and the Doe Defendants are dismissed from this action; and 10 5. Within twenty-one (21) days after service of this order, Defendant S. Ibarra shall 11 file an answer or other responsive pleading to the complaint. 12 13 IT IS SO ORDERED. 14 Dated: November 15, 2014 15 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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