(PC)Thornton v. Grissom et al, No. 1:2016cv00498 - Document 37 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING 31 RENEWED FINDINGS AND RECOMMENDATIONS IN FULL and DISMISSING Non-Cognizable Claims With Prejudice signed by District Judge Anthony W. Ishii on 5/5/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SIMON THORNTON, 12 13 14 CASE NO. 1:16-cv-0498-AWI-MJS (PC) Plaintiff, ORDER ADOPTING RENEWED FINDINGS AND RECOMMENDATIONS TO DISMISS NON-COGNIZABLE CLAIMS WITH PREJUDICE v. DONALD L. GRISSOM, et al., 15 (ECF NO. 31) Defendants. 16 17 18 19 20 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. On February 28, 2017, the magistrate judge issued findings and 21 recommendations to allow Plaintiff to proceed on an Eighth Amendment excessive force 22 claim against Defendant Grissom and an Eighth Amendment failure to protect claim 23 against Defendant Cruz, and to dismiss all other claims and Defendants with prejudice. 24 (ECF No. 31.) Plaintiff has not filed objections to these findings and recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has 26 conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the revised findings and recommendations to be supported by the record and 28 1 2 3 4 by proper analysis. Accordingly, it is HEREBY ORDERED that: 1. The Court adopts the renewed findings and recommendations, filed on February 28, 2017 (ECF No. 31), in full; 5 2. Plaintiff shall proceed on an Eighth Amendment excessive force claim 6 against Defendant Grissom and an Eighth Amendment failure to protect 7 claim against Defendant Cruz; 8 3. All other claims and Defendants are dismissed with prejudice; and 9 4. This matter is referred back to the magistrate judge for further orders 10 consistent with this decision. 11 12 13 IT IS SO ORDERED. Dated: May 5, 2017 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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