(PC) Burnett v. Sedillo et al, No. 1:2016cv01672 - Document 50 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 45 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 37 Defendant Dyer's Motion for Summary Judgment; ORDER for Clerk to Enter Judgment for Defendant Dyer; and ORDER for this Case to Proceed Against Defendants Meier, Reynaga, Huckleberry and Garcia signed by Chief Judge Lawrence J. O'Neill on 11/3/2018. (Jessen, A)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 CARLOS BURNETT, 8 Plaintiff, 9 10 vs. K. SEDILLO, et al., 11 Defendants. 12 1:16-cv-01672-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 45.) ORDER GRANTING DEFENDANT DYER’S MOTION FOR SUMMARY JUDGMENT (ECF No. 37.) ORDER FOR CLERK TO ENTER JUDGMENT FOR DEFENDANT DYER 13 ORDER FOR THIS CASE TO PROCEED AGAINST DEFENDANTS MEIER, REYNAGA, HUCKLEBERRY, AND GARCIA 14 15 16 17 18 Carlos Burnett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 19 with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 3, 2018, findings and recommendations were entered, recommending that 22 defendant Dyer’s motion for summary judgment, filed on August 15, 2018, be granted. (ECF 23 No. 45.) The parties were granted fourteen days in which to file objections to the findings and 24 recommendations. (Id.) The fourteen-day deadline has now expired, and no objections have 25 been filed. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 court finds the findings and recommendations to be supported by the record and proper analysis. 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 3 4 in full; 2. 5 6 3. 4. This action now proceeds against defendants Meier, Reynaga, Huckleberry, and Garcia, for use of excessive force in violation of the Eighth Amendment; 5. The Clerk is directed to enter judgment in favor of defendant Dyer and reflect the dismissal of defendant Dyer from this action on the court’s docket; and 11 12 Summary judgment is GRANTED in favor of defendant Dyer on Plaintiff’s claim for use of excessive force under the Eighth Amendment; 9 10 Defendant Dyer’s motion for summary judgment, filed on August 15, 2018, is GRANTED; 7 8 The findings and recommendations entered on October 3, 2018, are ADOPTED 6. This case is referred back to the Magistrate Judge for further proceedings. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ November 3, 2018 UNITED STATES CHIEF DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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