(PC) Hall v. Vasquez et al, No. 1:2018cv00272 - Document 19 (E.D. Cal. 2018)

Court Description: ORDER adopting 18 FINDINGS AND RECOMMENDATIONS, dismissing Defendants, J. Eakir and L. Ramirez for failure to state a cognizable claim for relief and referring matter back to Magistrate Judge for initiation of service of process signed by District Judge Anthony W. Ishii on 10/17/2018. (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KAVASIO K. HALL, Plaintiff, 11 12 13 14 v. VASQUEZ, et.al., Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-00272-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING DEFENDANTS J. EAKIR AND L. RAMIREZ FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF, AND REFERRING MATTER BACK TO THE MAGISTRATE JUDGE FOR INITIATION OF SERVICE OF PROCESS [ECF No. 18] Plaintiff Kavasio K. Hall is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 14, 2018, the Magistrate Judge filed a Findings and Recommendations 21 recommending that Defendants J. Eakir and L. Ramirez be dismissed from the action for failure to state 22 a cognizable claim for relief, and this action proceed against Defendant Agiani for failure to protect and 23 against Defendant Vasquez for excessive force. (ECF No. 18.) The Findings and Recommendations 24 were served on Plaintiff and contained notice that objections were to be filed within fourteen (14) days. 25 No objections were filed and the time to do so has expired. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed on September 14, 2018, are adopted in full; 3 2. Defendants J. Eakir and L. Ramirez are dismissed from the action for failure to state a cognizable claim for relief; and 4 5 6 3. The matter is referred back to the Magistrate Judge for initiation of service of process on Defendant Agiani and Vasquez. 7 8 IT IS SO ORDERED. 9 Dated: October 17, 2018 10 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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