(PC) Chatman v. Vera et al, No. 1:2018cv01463 - Document 11 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 8 Findings and Recommendations, signed by District Judge Dale A. Drozd on 3/2/19. (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 AUDREE CHATMAN, 12 Plaintiff, 13 v. 14 H. VERA, et al., 15 No. 1:18-cv-01463-DAD-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 8) Defendants. 16 17 Plaintiff Audree Chatman is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 31, 2018, the assigned magistrate judge screened plaintiff’s complaint and 21 found that plaintiff stated a cognizable excessive force claim against defendant H. Vera, but did 22 not state any other cognizable claims for relief. (Doc. No. 5.) The magistrate judge granted 23 plaintiff leave to file an amended complaint or notify the court in writing of his intent to proceed 24 only the excessive force claim. (Id.) 25 On November 19, 2018, plaintiff notified the court of his intent to proceed only on the 26 excessive force claim. (Doc. No. 7.) Accordingly, on November 20, 2018, the magistrate judge 27 issued findings and recommendations recommending that the action proceed only on the 28 excessive force claim against defendant H. Vera, and that all other claims and defendants be 1 1 dismissed for the reasons stated in the October 31, 2018 screening order. (Doc. No. 18.) The 2 findings and recommendations were served on plaintiff and contained notice that any objections 3 thereto were to be filed within fourteen days. (Id.) On January 2 and February 22, 2019, the 4 Clerk of the Court docketed correspondence from plaintiff stating that he has no objections to the 5 findings and recommendations. (Doc. Nos. 9, 10.) 6 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 7 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 8 court finds the findings and recommendations to be supported by the record and proper analysis 9 Accordingly: 10 1. The finding and recommendations issued on November 20, 2018 (Doc. No. 8), are 11 adopted in full; 12 2. This action shall proceed against defendant H. Vera for excessive force; 13 3. All other claims and defendants are dismissed from the action; and 14 4. The matter is referred back to the magistrate judge for initiation of service of 15 16 17 18 process. IT IS SO ORDERED. Dated: March 2, 2019 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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