(PC) Campbell v. Tanton et al, No. 2:2018cv00671 - Document 18 (E.D. Cal. 2018)
Court Description: ORDER signed by District Judge Kimberly J. Mueller on 9/12/2018 ADOPTING in FULL 14 Findings and Recommendations. The Eighth Amendment excessive force claims against defendants J. Tanton, G. Ellin, L. Spangler, J. Leech, T. Stanfield, S. Manson, an d J. Morton are dismissed for failure to state a claim. This case is proceeding only on the Eighth Amendment deliberate indifference claims against defendants F. Martin, Psychologist Kenton, and Psychiatric Technician Herrera. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Washington, S)
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(PC) Campbell v. Tanton et al Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SENARBLE CAMPBELL, 12 Plaintiff, 13 14 15 v. No. 2:18-cv-00671 KJM CKD P ORDER J. TANTON, 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 as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 7, 2018, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the 23 findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 26 novo. 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 August 7, 2018, are adopted in full. 3 2. The Eighth Amendment excessive force claims against defendants J. Tanton, G. Ellin, 4 L. Spangler, J. Leech, T. Stanfield, S. Manson, and J. Morton are dismissed for failure to state a 5 claim. 6 7 8 9 10 3. This case is proceeding only on the Eighth Amendment deliberate indifference claims against defendants F. Martin, Psychologist Kenton, and Psychiatric Technician Herrera. 4. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. DATED: September 12, 2018. 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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