(PC) Williams v. Allison et al, No. 2:2021cv00051 - Document 25 (E.D. Cal. 2021)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/13/21 ADOPTING in full 16 Findings and Recommendations. The First Amendment claims against defendants Muoz and Allison are DISMISSED without leave to amend. This case is proceeding on the Eighth Amendment excessive force claim against defendant Munoz. This case is REFERRED back to the assigned magistrate judge for further pretrial proceedings.(Kastilahn, A)

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(PC) Williams v. Allison et al Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LANCE WILLIAMS, 12 No. 2:21-cv-0051 KJM CKD P Plaintiff, 13 v. ORDER 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 Plaintiff, a state inmate proceeding pro se, has filed this civil rights action seeking relief 17 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. On September 1, 2021, the magistrate judge filed findings and recommendations, which 20 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 filed objections to the 23 findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by the proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 1, 2021, are adopted in full; 3 2. The First Amendment claims against defendants Muñoz and Allison are dismissed 4 5 6 7 without leave to amend; 3. This case is proceeding on the Eighth Amendment excessive force claim against defendant Munoz; and 4. This case is referred back to the assigned magistrate judge for further pretrial 8 proceedings. 9 DATED: December 13, 2021. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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