(PC) Gradford v. Stanislaus Public Safety Center et al, No. 1:2017cv01248 - Document 22 (E.D. Cal. 2019)

Court Description: ORDER Adopting 19 Findings and Recommendations and Dismissing Certain Claims and Defendants, signed by District Judge Dale A. Drozd on 8/15/19. Kirt and Stanislaus Public Safety Center terminated. (Gonzalez, R)

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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 WILLIAM J. GRADFORD, 12 13 14 15 16 No. 1:17-cv-01248-DAD-GSA Plaintiff, v. STANISLAUS PUBLIC SAFETY CENTER, et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. No. 19) Defendants. 17 18 Plaintiff William J. Gradford is a former 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 June 10, 2019, the assigned magistrate judge issued findings and recommendations, 22 recommending that this action proceed only against defendant Sergeant Florres for using 23 excessive force against plaintiff, and that all other claims and defendants be dismissed from this 24 case. (Doc. No. 19.) On June 17, 2019, plaintiff filed a response to the findings and 25 recommendations, indicating that he is willing to proceed only against defendant Florres and does 26 not object to the dismissal of all other defendants and claims. (Doc. No. 20.) 27 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 including plaintiff’s response, the court finds the findings and recommendations to be supported 2 by the record and proper analysis. 3 Accordingly, 4 1. 5 6 The findings and recommendations issued on June 10, 2019 (Doc. No. 19) are adopted in full; 2. This action now proceeds with plaintiff’s first amended complaint, filed on August 7 22, 2018 (Doc. No. 15), against defendant Sergeant Florres for use of excessive 8 force against plaintiff in violation of the Eighth Amendment; 9 3. All other claims and defendants are dismissed, and the Clerk of Court is directed to 10 update the docket to reflect the dismissal of all defendants except defendant 11 Florres; and 12 4. 13 14 15 16 This case is referred back to the magistrate judge for further proceedings, including initiation of service of process. IT IS SO ORDERED. Dated: August 15, 2019 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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