(PC) Wood v. McCormick et al, No. 2:2017cv00983 - Document 21 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge John A. Mendez on 7/2/2018 ORDERING that all claims against defendants Arik Amaya, Matthew Pender, Craig Kulyn, S. Dudley, S. Vaughn, T. Hasick, B. Speers, D. Marlar, C. Forehand, Robin Creager, and Tom Bosenko are DISMISSED without prejudice for failure to state a claim upon which relief can be granted. Plaintiff's complaint is proceeding only on an Eighth Amendment excessive force claim against defendant McCormick and Millis. (Fabillaran, J)
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(PC) Wood v. McCormick et al Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN RANDOLPH WOOD, 12 13 14 15 No. 2:17-cv-00983 JAM CKD P Plaintiff, v. ORDER JACK MCCORMICK, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 7, 2018, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 7, 2018, are adopted in full. 3 2. All claims against defendants Arik Amaya, Matthew Pender, Craig Kulyn, S. Dudley, 4 S. Vaughn, T. Hasick, B. Speers, D. Marlar, C. Forehand, Robin Creager, and Tom Bosenko are 5 dismissed without prejudice for failure to state a claim upon which relief can be granted. 6 7 3. Plaintiff’s complaint is proceeding only on an Eighth Amendment excessive force claim against defendants McCormick and Millis. 8 9 DATED: July 2, 2018 /s/ John A. Mendez____________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 _____ 12/wood0983.800.docx 18 19 20 21 22 23 24 25 26 27 28 2