(PC) Lewis v. California Department of Corrections and Rehabiliation et al, No. 1:2017cv01064 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants; All claims and defendants are dismissed, except for plaintiffs claims for excessive use of force in violation of the Eighth Amendment brought against defe ndants B. Nickell, J. Ramirez and O. Delgado, signed by District Judge Dale A. Drozd on 06/21/18. ***I. Dressel (Correctional Sergeant at CCI), Kim Hollands (Warden at CCI), M. Madden (Lieutenant at CCI), M. Santa Maria (Correctional Officer at CCI), C. Sian (Registered Nurse at CCI), T. Webber (Correctional Officer at CCI), California Department of Corrections and Rehabilitation and D. Calvillo (Lieutenant at CCI) Terminated*** (Martin-Gill, S)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TONY R. LEWIS, 11 Plaintiff, 12 13 14 No. 1:17-cv-01064-DAD-EPG v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. No. 11) Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights 17 18 action pursuant to 42 U.S.C. § 1983. On August 9, 2017, plaintiff filed the complaint 19 commencing this action. (Doc. No. 1). On March 23, 2018, the assigned magistrate judge issued 20 findings and recommendations recommending that all claims and defendants be dismissed, except 21 for plaintiff’s claims for excessive use of force in violation of the Eighth Amendment brought 22 against defendants B. Nickell, J. Ramirez and O. Delgado. (Doc. No. 11.) The findings and 23 recommendations provided fourteen days for plaintiff to file any objections thereto. Plaintiff did 24 not file any objections. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the undersigned has 25 26 conducted a de novo review of the case. Having carefully reviewed the file, the undersigned 27 concludes the findings and recommendations are supported by the record and proper analysis. 28 ///// 1 1 2 Accordingly: 1. 3 4 The findings and recommendations dated March 23, 2018 (Doc. No. 11) are adopted in full; and 2. All claims and defendants are dismissed, except for plaintiff’s claims for excessive use 5 of force in violation of the Eighth Amendment brought against defendants B. Nickell, 6 J. Ramirez and O. Delgado. 7 8 IT IS SO ORDERED. Dated: June 21, 2018 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2