(PC) Martin v. Northcutt, et al., No. 1:2022cv00748 - Document 16 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 12 Findings and Recommendations, signed by District Judge Ana de Alba on 06/01/2023. Kathleen Allison and Christain Pfeiffer terminated. (Maldonado, 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 JARED ANDREW MARTIN, 12 Plaintiff, 13 14 No. 1:22-cv-00748-ADA-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (ECF Nos. 1, 12) OFFICER NORTHCUTT, et al., 15 Defendants. 16 Plaintiff Jared Martin is a prisoner proceeding pro se and in forma pauperis in this civil 17 18 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. On September 14, 2022, the assigned Magistrate Judge entered screening findings and 20 21 recommendations recommending “[t]his case proceed on Plaintiff’s Eighth Amendment excessive 22 force claim against defendant Northcutt, Plaintiff’s Eighth Amendment failure to protect claim 23 against defendant Williams, and Plaintiff’s First Amendment retaliation claim against defendant 24 Williams.” (ECF No. 12 at 14.) The assigned Magistrate Judge recommended “[a]ll other claims 25 and defendants be dismissed.” (Id.) The findings and recommendations were served on the 26 parties and contained notice that any objections thereto must be filed within fourteen (14) days. 27 (Id.) Plaintiff has not filed objections and the time to do so has expired. 28 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 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 SO ORDERED: 5 1. 6 7 The findings and recommendations issued on September 14, 2022 (ECF No. 12), are adopted in full; 2. This case proceeds on Plaintiff’s Eighth Amendment excessive force claim against 8 Defendant Northcutt, Plaintiff’s Eighth Amendment failure to protect claim 9 against Defendant Williams, and Plaintiff’s First Amendment retaliation claim 10 against Defendant Williams; 11 3. All other claims and Defendants are dismissed; and 12 4. The Clerk of Court is directed to reflect the dismissal of Defendants Pfeiffer and Allison on the Court’s docket. 13 14 15 16 17 IT IS SO ORDERED. Dated: June 1, 2023 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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