(PC) Chaidez v. Camacho et al, No. 1:2017cv01098 - Document 15 (E.D. Cal. 2018)

Court Description: ORDER Adopting 14 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by District Judge Dale A. Drozd on 11/15/2018. (Sant Agata, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PRECILIANO TOMAS CHAIDEZ, 12 Plaintiff, 13 14 No. 1:17-cv-01098-DAD-GSA v. CAMACHO, et al., 15 Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. No. 14) 16 17 Plaintiff Preciliano Tomas Chaidez is a state prisoner proceeding pro se and in forma 18 19 pauperis with this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On August 20, 2018, the assigned magistrate judge issued findings and recommendations, 23 recommending that this action proceed only against defendant correctional officer (C/O) 24 Camacho for use of excessive force under the Eighth Amendment, and that all other claims be 25 dismissed from this action based on plaintiff’s failure to state a claim. (Doc. No. 14.) The 26 findings and recommendations were served on plaintiff and contained notice that any objections 27 thereto were to be filed within fourteen days after service. (Id.) To date, no objections to the 28 findings and recommendations have been filed, and the time in which to do so has now passed. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. 6 7 The findings and recommendations issued on August 20, 2018 (Doc. No. 14) are adopted in full; 2. 8 This action now proceeds only against defendant C/O Camacho for use of excessive force under the Eighth Amendment; 9 3. All remaining claims and defendants are dismissed from this action; and 10 4. This case is referred back to the magistrate judge for further proceedings, 11 12 13 14 including initiation of service of process. IT IS SO ORDERED. Dated: November 15, 2018 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2