Bulgara v. County of Stanislaus et al, No. 1:2018cv00804 - Document 7 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 6 Findings and Recommendations, signed by District Judge Dale A. Drozd on 11/13/18. (Marrujo, C)
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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 JUAN S. BULGARA, 12 Plaintiff, 13 14 No. 1:18-cv-00804-DAD-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. COUNTY OF STANISLAUS, et al., 15 (Doc. No. 6) Defendants. 16 17 Plaintiff Juan S. Bulgara, a pretrial detainee proceeding pro se and in forma pauperis, 18 filed the complaint in this civil rights action on June 13, 2018. (Doc. No. 1.) The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 Upon screening plaintiff’s first amended complaint, the assigned magistrate judge issued 22 findings and recommendations on July 31, 2018, recommending dismissal of certain claims and 23 defendants for failure to state a cognizable claim. (Doc. No. 6.) The findings and 24 recommendations were served on plaintiff and contained notice that any objections thereto were 25 to be filed within thirty (30) days from the date of service. No objections were filed and the time 26 for doing so has expired. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 1 1 2 and recommendations to be supported by the record and by proper analysis. Accordingly, 3 1. The findings and recommendations issued July 31, 2018 (Doc. No. 6) are adopted 4 in full; 5 2. This action shall proceed against Doe 3 for excessive force in violation of the 6 Fourth Amendment and assault and battery and negligence under California law; 7 Does 1 and 2 for assault and negligence under California law; and the County of 8 Stanislaus for vicarious liability on the state law claims; 9 3. All remaining claims are dismissed without leave to amend; 10 4. Defendants Modesto Police Department, Turlock Police Department, and 11 Stanislaus County Sheriff’s Office are dismissed from this action based on 12 plaintiff’s failure to state a cognizable claim against them; and 13 5. This matter is referred back to the magistrate judge for initiation of service of 14 15 16 17 process. IT IS SO ORDERED. Dated: November 13, 2018 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2