(PC) Phelps v. Perez et al, No. 1:2021cv01108 - Document 12 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 11 Findings and Recommendations regarding Dismissal of certain claims; ORDER this action is referred back to the magistrate judge for proceedings consistent with this order, signed by District Judge Dale A. Drozd on 12/8/2021.(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL PHELPS, 12 13 14 15 No. 1:20-cv-01108-NONE-BAM (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS PEREZ, et al., Defendants. (Doc. No. 11) 16 17 18 19 Plaintiff Paul Phelps (“Plaintiff”) is a county jail inmate proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 5, 2021, the assigned magistrate judge screened plaintiff’s first amended 20 complaint and found the following cognizable claims: (1) excessive force by Sgt. Townsend and 21 Officer Bettes in violation of the Fourteenth Amendment; (2) supervisor liability against Chief 22 Manual Perez in violation of the Fourteenth Amendment; and (3) Monell liability against the 23 County of Madera in violation of the Fourteenth Amendment. (Doc. No. 11.) The magistrate 24 judge further recommended that all other claims be dismissed from this action based on plaintiff’s 25 failure to state claims upon which relief may be granted. (Id.) The findings and 26 recommendations were served on plaintiff and contained notice that any objections were to be 27 filed within fourteen (14) days after service. (Id. at 11.) No objections have been filed, and the 28 time to do so has expired. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on November 5, 2021, (Doc. No. 11), are 6 7 adopted in full; 2. This action shall proceed on plaintiff’s first amended complaint, filed October 20, 8 2021, (Doc. No. 9), on the following claims: 9 a. Excessive force by Sgt. Townsend and Officer Bettes in violation of the 10 Fourteenth Amendment; 11 b. Supervisor liability against Chief Manual Perez in violation of the Fourteenth 12 Amendment; and 13 c. Monell liability against the County of Madera in violation of the Fourteenth 14 15 Amendment 3. All other claims are dismissed from this action for failure to state claims upon which 16 17 relief may be granted; and 4. This action is referred back to the magistrate judge for proceedings consistent with this 18 order. 19 20 21 IT IS SO ORDERED. Dated: December 8, 2021 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2

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