(PC) Wilkins v. Heslop et al, No. 2:2020cv01622 - Document 34 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 7/21/23 ADOPTING in FULL 28 Findings and Recommendations and this case shall proceed only on the following claims: (1) against defendant S. Heslop for excessive force in violation of plaintiff 's Eighth Amendment rights, retaliation in violation of his First Amendment rights, assault, battery, and violation of the Bane Act; and (2) against B. Velasquez and A. Sawma for equal protection under the Fourteenth Amendment. All claims other than those identified above be dismissed with prejudice. The Clerk is directed to terminate defendant L. Eldridge from this case. This case is REFERRED back to the Magistrate Judge for further pretrial proceedings. This Order should not be construed as altering the stay entered on 6/2/2002 (ECF 29 ) for purposes of the post-screening ADR project. (Kastilahn, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEENAN WILKINS, 12 13 14 15 No. 2:20-cv-01622 DJC DB P Plaintiff, v. ORDER S. HESLOP, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 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. 20 On June 2, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within thirty 23 days. Plaintiff has filed objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this Court has conducted a de novo review of this case. Having carefully 26 reviewed the entire file, the court finds the findings and recommendations to be 27 supported by the record and by proper analysis. This specifically includes the 28 Magistrate Judge’s screening order filed April 10, 2023 (ECF 25) on which the findings 1 1 and recommendations are based. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed June 2, 2023, are adopted in full; 4 2. This case shall proceed only on the following claims: (1) against defendant S. 5 Heslop for excessive force in violation of plaintiff’s Eighth Amendment rights, 6 retaliation in violation of his First Amendment rights, assault, battery, and violation of 7 the Bane Act; and (2) against B. Velasquez and A. Sawma for equal protection under 8 the Fourteenth Amendment; 9 3. All claims other than those identified above be dismissed with prejudice; 10 4. The Clerk of the Court is directed to terminate defendant L. Eldridge from 11 this case; and 12 5. This case is referred back to the Magistrate Judge for further pretrial 13 proceedings. This Order should not be construed as altering the stay entered on 14 June 2, 2002 (ECF 29) for purposes of the post-screening ADR project. 15 16 IT IS SO ORDERED. 17 18 19 Dated: July 21, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 20 21 22 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.