(PC) Colvin v. Cullen, et al., No. 1:2017cv01489 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants 11 , signed by Chief Judge Lawrence J. O'Neill on 7/7/2018: This matter is referred to the assigned Magistrate Judge for further proceedings consistent with this order, including initiation of service of process. (Hellings, J)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ROBERT M. COLVIN, 11 12 13 14 15 16 Plaintiff, vs. SANCHEZ, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) 1:17-cv-01489-LJO-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. No. 11) 17 Plaintiff Robert M. Colvin is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 10, 2018, the assigned Magistrate Judge issued findings and recommendations 21 recommending that this action proceed only on Plaintiff’s claim for excessive force in violation 22 of the Eighth Amendment against Defendants Cullen, Mesa, Lopez, Garcia, Ibarra and Waddel 23 in their individual capacities, and for deliberate indifference to serious medical needs in violation 24 of the Eighth Amendment against Defendants Garcia, Martinez and Smith in their individual 25 capacities. (Doc. No. 11.) The Magistrate Judge further recommended that all other claims and 26 Defendants be dismissed, with prejudice. The findings and recommendations were served on 27 Plaintiff and contained notice that any objections must be filed within fourteen days. (Id. at 10.) 28 That deadline has passed, and no objections were filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 2 a de novo review of this case and carefully reviewed the entire file. The Court finds that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly, the Court HEREBY ORDERS as follows: 5 1. 6 7 The findings and recommendations issued on June 10, 2018 (Doc. No. 11) are adopted in full; 2. This action shall proceed only on Plaintiff’s claim for excessive force in violation 8 of the Eighth Amendment against Defendants Cullen, Mesa, Lopez, Garcia, Ibarra and Waddel 9 in their individual capacities, and for deliberate indifference to serious medical needs in violation 10 of the Eighth Amendment against Defendants Garcia, Martinez and Smith in their individual 11 capacities; 12 3. All other claims and defendants are dismissed; 13 4. The caption and docket shall be updated to reflect this order; and 14 5. This matter is referred to the assigned Magistrate Judge for further proceedings 15 consistent with this order, including initiation of service of process. 16 17 18 19 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ July 7, 2018 UNITED STATES CHIEF DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2