(PC) White v. Lao et al, No. 1:2018cv00911 - Document 21 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS; ORDERED that this action shall proceed only on plaintiffs claim of excessive force against defendants Deputy Lao and Deputy Gonzalez; ORDERED that this matter be referred back to the assigned magistrate judge for further proceedings,signed by District Judge Dale A. Drozd on 03/15/2019. (County of Fresno terminated)(Martin-Gill, 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 DARNEY RAY WHITE, 12 13 14 15 No. 1:18-cv-00911-DAD-EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. DEPUTY LAO, et al., (Doc. No. 20) Defendants. 16 17 Plaintiff Darney Ray White, a prisoner in the custody of the Fresno County Sheriff’s 18 Office, is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 19 § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. 21 On December 5, 2018, the assigned magistrate judge issued findings and 22 recommendations recommending that this action proceed only on plaintiff’s claim of excessive 23 force against Deputy Lao and Deputy Gonzalez. (Doc. No. 20.) Those findings and 24 recommendations were served on plaintiff, and contained notice that any objections thereto were 25 to be filed within twenty-one days from the date of service. (Id. at 7.) To date, no objections 26 have been filed, and the time period 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 the case. Having carefully reviewed the entire file, the undersigned finds the 1 1 2 findings and recommendations to be supported by the record and proper analysis. Accordingly, 3 1. The findings and recommendations issued December 5, 2018 (Doc. No. 20) are 4 adopted in full; 2. This action shall proceed only on plaintiff’s claim of excessive force against 5 6 defendants Deputy Lao and Deputy Gonzalez; 7 3. All other claims and defendants are dismissed; and 8 4. This matter is referred back to the assigned magistrate judge for further 9 10 11 12 proceedings. IT IS SO ORDERED. Dated: March 15, 2019 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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