Opinion

(PC) Washington v. Hicks

Court
District Court, E.D. California
Filed
Jun 22, 2020
Cited by
0 cases
Authority
More cited than 17.4%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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TRACYE BENARD WASHINGTON, 1:19-cv-00156-NONE-GSA-PC

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Plaintiff, ORDER ADOPTING FINDINGS AND

12 RECOMMENDATIONS IN FULL

vs. (Doc. No. 18.)

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DAVID HICKS, et al., ORDER FOR THIS CASE TO PROCEED

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ONLY AGAINST DEFENDANTS HICKS

Defendants.

15 AND ROCHA FOR USE OF EXCESSIVE

FORCE IN VIOLATION OF THE EIGHTH

16 AMENDMENT, AND DISMISSING ALL

OTHER DEFENDANTS AND CLAIMS FOR

17 PLAINTIFF’S FAILURE TO STATE A

CLAIM

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19 Plaintiff Tracye Benard Washington is a state prisoner proceeding pro se with this civil

20 rights action pursuant to 42 U.S.C. § 1983.1 The matter was referred to a United States

21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

22 On May 20, 2020, the court entered findings and recommendations, recommending that

23 this action proceed only against defendants Sergeant David Hicks and Correctional Officer

24 Hipolito Rocha for use of excessive force, and that all other claims and defendants be dismissed

25 from this action based on plaintiff’s failure to state a claim. (Doc. No. 18 (noting that plaintiff

26 elected to proceed on cognizable claims).) Plaintiff was granted fourteen days in which to file

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28 1 On March 7, 2019, plaintiff paid the $400.00 filing fee in full for this case. (Court Record.)

Lb YOY EU eee TOYS ev

1 || objections to the findings and recommendations. (/d.) The time period for filing objections has

2 || passed, and plaintiff has not filed objections or any other response to the findings and

3 || recommendations.

4 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

5 || court has conducted a de novo review of this case. Having carefully reviewed the entire file,

6 || the court finds the findings and recommendations to be supported by the record and proper

7 || analysis.

8 Accordingly, THE COURT HEREBY ORDERS that:

9 1. The findings and recommendations issued on May 20, 2020, (Doc. No. 18) are

10 ADOPTED in full;

11 2. This action now proceeds on plaintiff's Complaint filed on February 5, 2019,

12 against defendants Sergeant David Hicks and Correctional Officer Hipolito Rocha

13 for use of excessive force, in violation of the Eighth Amendment;

14 3. All other claims and defendants are dismissed from this case based on plaintiff's

15 failure to state a claim upon which relief may be granted under § 1983, the

16 Americans with Disabilities Act (ADA), or the Rehabilitation Act (RA);

17 4. Plaintiffs claims for failure to protect, violation of equal protection, violation of

18 the ADA or the RA, and violation of the Coleman v. Brown” consent decree are

19 dismissed from this case based on plaintiff's failure to state a claim under § 1983,

20 the ADA, or the RA; and

21 5. This case is referred back to the assigned magistrate judge for further

22 proceedings, including initiation of service of process.

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IT IS SO ORDERED. ~ ‘ai

25 Dated: _ June 22, 2020 eee Te >

UNITED STATES DISTRICT JUDGE

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28 1? Coleman v. Brown, et al., 912 F. Supp. 1282 (E.D. Cal. 1995).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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