(PC) Baker v. German, et al., No. 1:2016cv01873 - Document 23 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING 19 Findings and Recommendations, Dismissing False Imprisonment Claim, and Referring Matter Back to Magistrate Judge for Initiation of Service of Process, signed by District Judge Anthony W. Ishii on 6/8/17. (Marrujo, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOMINIQUE D. BAKER, 12 Plaintiff, 13 14 v. HUMBERTO GERMAN, et al., 15 Defendants. 16 Case No.: 1:16-cv-01873-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING FALSE IMPRISONMENT CLAIM, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR INITIATION OF SERVICE OF PROCESS [ECF Nos. 18, 19, 20] Plaintiff Dominique Baker is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 20 636(b)(1)(B) and Local Rule 302. On May 1, 2017, the Magistrate Judge filed Findings and 21 Recommendations recommending that the action proceed on Plaintiff’s excessive force claim against 22 Defendants Humberto German and Phillip Holguin and the false imprisonment claim be dismissed for 23 failure to state a cognizable claim for relief. The Findings and Recommendations were served on 24 Plaintiff and contained notice that objections were to be filed within fourteen days. Plaintiff filed 25 objections on May 15, 2017. 26 /// 27 /// 28 /// 1 1 2 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 4 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, 5 the Court finds the Findings and Recommendations to be supported by the record and by proper 6 analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations, filed on May 1, 2017, are adopted in full; 9 2. This action shall proceed on Plaintiff’s excessive force claim against Defendants 10 11 12 13 Humberto German and Phillip Holguin; 3. Plaintiff’s false imprisonment claim is dismissed for failure to state a cognizable claim for relief; and 4. The matter is referred back to the Magistrate Judge for initiation of service of process. 14 15 IT IS SO ORDERED. 16 Dated: June 8, 2017 17 SENIOR DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2