(PC) Wilson v. Orr et al, No. 2:2020cv01715 - Document 61 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 05/16/2023 ADOPTING 58 Findings and Recommendations in full; GRANTING IN PART AND DENYING IN PART 44 Motion for Summary Judgment as follows: GRANTED as to the claims against Defendants Br azil, Bustamante, and Brones. The claims against these Defendants are DISMISSED without prejudice for failure to exhaust administrative remedies; and DENIED as to the claims against Defendant Orr. This action proceeds on the excessive force claim aga inst defendant Orr ONLY. All other claims and Defendants are DISMISSED. The Parties may file merits-based Motions for Summary Judgment within 60 days of the service of this Order. This matter is REFERRED back to the assigned Magistrate Judge for all further pretrial proceedings. (Rodriguez, E)

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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 JOSEPH WILSON, 12 13 14 15 No. 2:20-cv-1715 DJC-AC-P Plaintiff, v. ORDER F. ORR, 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 March 30, 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 twenty- 23 one days. ECF No. 58. Neither party has filed objections to the findings and 24 recommendations. 25 The Court has reviewed the file and finds the findings and recommendations to 26 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 27 HEREBY ORDERED that: 28 1. The findings and recommendation`s filed March 30, 2023 (ECF No. 58), are 1 1 adopted in full 2 3 2. Defendants’ motion for summary judgment (ECF No. 44) is granted in part and denied in part as follows: 4 a. Granted as to the claims against defendants Brazil, Bustamante, and 5 Brones. The claims against these defendants are dismissed without prejudice for 6 failure to exhaust administrative remedies; and 7 b. Denied as to the claims against defendant Orr. 8 9 3. This action proceeds on the excessive force claim against defendant Orr only. All other claims and defendants are dismissed. 10 11 4. The parties may file merits-based motions for summary judgment within sixty days of the service of this order. 12 13 5. This matter is referred back to the assigned Magistrate Judge for all further pretrial proceedings. 14 15 IT IS SO ORDERED. 16 17 Dated: May 16, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 18 19 20 21 Wils1715.801 22 23 24 25 26 27 28 2

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