(PC) Godoy v. Favela et al, No. 2:2022cv01673 - Document 20 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 5/16/2023 ADOPTING 13 The Findings and Recommendations in full; This action shall proceed on Plaintiff's Eighth Amendment claims against defendants Favela and Weatherwax for excessive use of f orce; All other claims brought by Plaintiff in this action and all other named Defendants in this action are DISMISSED; The Clerk of the Court is directed to update the docket to reflect the termination of the following defendants from this action: Jared D. Lozano, J. Appleberry, and J. Fleshman; and Jared D. Lozano. This action is referred back to the assigned Magistrate Judge for further proceedings consistent with this order. (Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH GODOY, 12 13 14 15 No. 2:22-cv-01673-DAD-EFB (PC) Plaintiff, v. A. FAVELA, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. No. 13) 16 17 Plaintiff Kenneth Godoy is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 29, 2022, the assigned magistrate judge screened plaintiff’s first amended 21 complaint filed in this action and found that plaintiff had stated potentially cognizable Eighth 22 Amendment claims against defendants Favela and Weatherwax for excessive use of force, but 23 that plaintiff had failed to state any other cognizable claims. (Doc. No. 6.) Plaintiff was granted 24 leave to file an amended complaint or notify the court of his willingness to proceed only on the 25 claims found to be cognizable in the screening order within thirty (30) days after service of the 26 screening order. (Id. at 5.) On December 14, 2022, plaintiff notified the court that he was willing 27 to proceed only on the claims identified by the magistrate judge in the screening order as 28 cognizable. (Doc. No. 9.) 1 1 Consequently, on January 5, 2023, the assigned magistrate judge issued findings and 2 recommendations recommending that this action proceed on plaintiff’s claims found to be 3 cognizable in the screening order and that all other claims brought by plaintiff in his complaint be 4 dismissed, including all claims brought against defendants Fleshman, Appleberry, and Lozano. 5 (Doc. No. 13.) The pending findings and recommendations were served on plaintiff and 6 contained notice that any objections thereto were to be filed within fourteen (14) days after 7 service. (Id. at 1–2.) To date, no objections have been filed, and the time in which to do so has 8 now passed. 9 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 10 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 11 findings and recommendations are supported by the record and proper analysis. 12 Accordingly, 13 1. 14 The findings and recommendations issued on January 5, 2023 (Doc. No. 13) are adopted in full; 15 2. 16 This action shall proceed on plaintiff’s Eighth Amendment claims against defendants Favela and Weatherwax for excessive use of force; 17 3. 18 All other claims brought by plaintiff in this action and all other named defendants in this action are dismissed; 19 4. The Clerk of the Court is directed to update the docket to reflect the termination of 20 the following defendants from this action: Jared D. Lozano, J. Appleberry, and J. 21 Fleshman; and 22 5. 23 proceedings consistent with this order. 24 25 This action is referred back to the assigned magistrate judge for further IT IS SO ORDERED. Dated: May 16, 2023 UNITED STATES DISTRICT JUDGE 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.