Wood v. Bassett et al, No. 1:2019cv00100 - Document 15 (E.D. Cal. 2019)

Court Description: ORDER WITHDRAWING 5 the Findings and Recommendations Dated February 11, 2019; ORDER DISMISSING Certain Claims and K-9 Hero as a Defendant in this Action, signed by Magistrate Judge Jennifer L. Thurston on 4/5/2019. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CONRAD WOOD, 12 13 Plaintiff, v. 14 ANDREW BASSET, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:19-cv-0100- JLT ORDER WITHDRAWING THE FINDINGS AND RECOMMENDATIONS DATED FEBRUARY 11, 2019 ORDER DISMISSING CERTAIN CLAIMS AND K-9 HERO AS A DEFENDANT IN THIS ACTION 17 Conrad Wood asserts that Andrew Basset and K-9 Hero with the Kern County Sheriff’s 18 Department are liable for excessive force when he was not resisting apprehension. (Doc. 1) Previously, 19 the Court found the facts alleged were sufficient to support a claim for excessive force against Basset, 20 but Plaintiff failed to allege a cognizable claim against Hero. (Doc. 3) Plaintiff has informed the Court 21 he wishes to proceed only on the claim found cognizable. (Doc. 4) 22 Following Plaintiff’s request to proceed only on the claim against Basset, the Court issued 23 Findings and Recommendations on February 11, 2019, which were submitted to the assigned district 24 judge. (Doc. 5) However, the parties indicated their willingness to consent to magistrate judge 25 jurisdiction, and the matter has now been reassigned. (See Doc. 14) Accordingly, the Court ORDERS: 26 1. The Findings and Recommendations dated February 11, 2019 are WITHDRAWN; 27 2. Plaintiff’s claim for excessive force against Hero is DISMISSED; 28 3. K-9 Hero SHALL be terminated as a defendant in this action; and 1 1 4. 2 The action SHALL proceed only upon Plaintiff’s claims under Section 1983 for excessive force, against Andrew Basset. 3 4 5 6 IT IS SO ORDERED. Dated: April 5, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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