Luna v. Loll et al, No. 1:2021cv01291 - Document 23 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 20 , 21 ;this action is referred back to the assigned magistrate judge for further proceedings consistent with this order, signed by District Judge Anthony W. Ishii on 06/10/2022.(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 RENE LUNA, JR., 12 Plaintiff, 13 14 v. Case No. 1:21-cv-01291-AWI-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS OFFICER LOLL, et al., (Doc. Nos. 20, 21) 15 Defendants. 16 Plaintiff Rene Luna, Jr., is a county jail inmate proceeding pro se and in forma pauperis in 17 18 this civil rights action under 42 U.S.C. § 1983. 19 On April 20, 2022, the assigned magistrate judge issued findings and recommendations 20 recommending this action proceed on plaintiff’s second amended complaint, filed on April 14, 21 2022, against Officers Loll and Gomez of the Kings County Sheriff’s Department for excessive 22 force in violation of the Fourth Amendment. The magistrate judge recommended that all other 23 claims and defendants be dismissed, without prejudice, based on plaintiff’s failure to state a claim 24 upon which relief may be granted. (Doc. No. 21.) Those findings and recommendations were 25 served on the plaintiff and contained notice that objections thereto were to be filed within 26 fourteen (14) days. (Id.) The time in which to file objections has passed and no objections have 27 been filed. 28 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) 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 proper analysis. 4 Accordingly, IT IS HEREBY ORDERED as follows: 5 1. 6 7 The findings and recommendations issued on April 20, 2022 (Doc. No. 21) are adopted in full; 2. This action shall proceed on plaintiff’s second amended complaint, filed on April 8 14, 2022, against Officers Loll and Gomez of the Kings County Sheriff’s Department for 9 excessive force in violation of the Fourth Amendment; 10 11 12 13 3. All other claims and defendants are dismissed from this action, without prejudice, based on plaintiff’s failure to state claims upon which relief may be granted; and 4. This action is referred back to the assigned magistrate judge for further proceedings consistent with this order. 14 15 16 IT IS SO ORDERED. Dated: June 10, 2022 SENIOR DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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