(PC) Sanchez v. Deochoa et al, No. 1:2019cv00354 - Document 15 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS that Plaintiff Proceed on Cognizable Claim and Dismiss Non-Cognizable Claims signed by District Judge Dale A. Drozd on 9/9/2019. (Sant Agata, 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 PEDRO SANCHEZ, 12 No. 1:19-cv-00354-DAD-JDP Plaintiff, 13 v. 14 ROY DEOCHOA, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF PROCEED ON COGNIZABLE CLAIM AND DISMISS NON-COGNIZABLE CLAIMS Defendants. (Doc. No. 8) 16 17 Plaintiff Pedro Sanchez is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 16, the assigned magistrate judge issued findings and recommendations, 21 recommending that plaintiff be allowed to proceed on an excessive force claim against defendant 22 Deochoa.1 (Doc. No. 8.) The magistrate judge also recommended that the remainder of 23 plaintiff’s claims be dismissed without prejudice. (Id. at 2.) On July 19, 2019, plaintiff filed 24 notice of his willingness to proceed only on the claim for excessive force against Deochoa which 25 the magistrate judge had found to be cognizable. (Doc. No. 10.) 26 ///// 27 The July 16 findings and recommendations incorrectly referred to defendant Deochoa’s name as “Deputy P. Boles.” This typographic error does not affect the substance of this order. 1 1 28 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, 6 1. 7 8 The findings and recommendations issued on July 16, 2019, (Doc. No. 8), are adopted in full; 2. 9 This action shall proceed on plaintiff’s excessive force claim against defendant Deochoa; 10 3. All other claims and defendants are dismissed without prejudice; and 11 4. This matter is referred back to the assigned magistrate judge for further 12 13 14 15 proceedings consistent with this order. IT IS SO ORDERED. Dated: September 9, 2019 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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