(PC) Hazeltine v. Hicks et al, No. 1:2014cv00056 - Document 29 (E.D. Cal. 2015)
Court Description: ORDER ADOPTING 28 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 08/21/2015. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICK HAZELTINE, 12 13 Case No. 1:14-cv-00056 LJO DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION v. 14 FRANCES HICKS, et al., 15 Defendants. 16 17 Plaintiff Rick Hazeltine is a civil detainee proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on January 15, 2014. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. 21 On July 17, 2015, the Magistrate Judge issued Findings and Recommendations that 22 recommended the action be ORDERED to proceed on the following claim: Excessive force in 23 violation of the Fourteenth Amendment against Defendants Ian Young, Benjamin Gamez, 24 Rashaun Casper, Julius Oldan, Porfirio Sanchez Negrete, David Avilia, Rickey Smith, and 25 Charles Ho. It was further recommended that any remaining claims be DISMISSED from this 26 action. The Findings and Recommendations were served on all parties and contained notice that 27 any objections were to be filed within thirty (30) days. Over thirty days have passed and no 28 party has filed objections. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 1 2 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 3 Findings and Recommendations are supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, filed July 17, 2015, are ADOPTED in full; 6 2. This action is ORDERED to proceed on the following claim: Excessive force in violation 7 of the Fourteenth Amendment against Defendants Ian Young, Benjamin Gamez, Rashaun 8 Casper, Julius Oldan, Porfirio Sanchez Negrete, David Avilia, Rickey Smith, and Charles Ho; 9 and 10 3. All remaining claims are DISMISSED from this action. 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill August 21, 2015 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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