(PC) Gonzalez v. Newsom, No. 2:2017cv00176 - Document 72 (E.D. Cal. 2022)

Court Description: ORDER signed by Senior Judge William B. Shubb on 10/4/2022 ADOPTING 71 The Findings and Recommendations in full; GRANTING 68 Motion to Dismiss. Plaintiff's Fourth Amendment claim (first claim) is DISMISSED with prejudice; Plaintiff' s due process and related claims (second claim) are DISMISSED with prejudice; Plaintiff's conspiracy claims (fourth and fifth claims) are DISMISSED with prejudice; Plaintiff's state law claims (sixth and seventh claims) are DISMISSED wit h prejudice; Plaintiff's Eighth Amendment claims (third and eighth claims) are DISMISSED as against all defendants except Defendants Grinde, Bodenhamer, and Clough regarding medical needs and Defendant Burke, Cross, Valine, Lewis, Kinn, Leech , Spark, Walker, and Byers regarding excessive force; This action shall proceed against Defendants Grinde, Bodenhamer, Clough, Burke, Cross, Valine, Lewis, Kinn, Leech, Spark, Walker, and Byers on Plaintiff's Eighth Amendment claims (third and eighth claims) and all other defendants are DISMISSED; and Defendants shall file an answer to Plaintiff'S seventh amended complaint within 30 days of the date of this order. (Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO AMADOR GONZALEZ, 12 No. 2:17-CV-0176-WBS-DMC-P Plaintiff, 13 v. 14 CLOUGH, et al., ORDER 15 Defendants. 16 Plaintiff, a prisoner proceeding with retained counsel, brings this civil rights action 17 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to Eastern District of California local rules. On August 3, 2022, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. No objections to the findings and recommendations 23 have been filed. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 3, 2022, are adopted in 4 2. Defendants’ motion to dismiss, ECF No. 68, is granted; 5 3. Plaintiff’s Fourth Amendment claim (first claim) is dismissed with 4. Plaintiff’s due process and related claims (second claim) are dismissed 3 6 full; prejudice; 7 8 with prejudice; 9 10 13 Plaintiff’s conspiracy claims (fourth and fifth claims) are dismissed with 6. Plaintiff’s state law claims (sixth and seventh claims) are dismissed with 7 Plaintiff’s Eighth Amendment claims (third and eighth claims) are prejudice; 11 12 5. prejudice; 14 dismissed as against all defendants except Defendants Grinde, Bodenhamer, and Clough 15 regarding medical needs and Defendant Burke, Cross, Valine, Lewis, Kinn, Leech, Spark, 16 Walker, and Byers regarding excessive force; 17 8. This action shall proceed against Defendants Grinde, Bodenhamer, Clough, 18 Burke, Cross, Valine, Lewis, Kinn, Leech, Spark, Walker, and Byers on Plaintiff’s Eighth 19 Amendment claims (third and eighth claims) and all other defendants are dismissed; and 20 9. Defendants shall file an answer to Plaintiff’s seventh amended complaint 21 within 30 days of the date of this order. 22 Dated: October 4, 2022 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.