The opinion
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 DOMINQUE ZAFIR CASEY, No. 1:23-cv-01068 JLT SAB (PC)
12 Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
13 v. DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
14 SGT. BROWN, et al.,
(Docs. 34, 37)
15 Defendants.
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17 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant
18 to 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28
19 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20 On August 28, 2025, the assigned magistrate judge issued findings and recommendations
21 that Defendants’ Motion for Summary Judgment be granted. (Doc. 37.) The magistrate judge
22 reasoned that Defendants presented sufficient evidence to meet their burden of showing that there
23 is no genuine issue of material fact because Plaintiff’s excessive force claims are barred by his
24 guilty plea in criminal court under Heck v. Humphrey, 512 U.S. 477 (1994). (Id. at 8.) The Court
25 served the Findings and Recommendations on Plaintiff and notified him that any objections were
26 due within 14 days. (Doc. 37 at 14.) The Court advised him that the “failure to file objections
27 within the specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v.
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1 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to
2 | has passed.
3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.
4 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations
5 || are supported by the record and proper analysis. Thus, the Court ORDERS:
6 1. The findings and recommendations issued on August 28, 2025, (Doc. 37), are
7 ADOPTED IN FULL.
8 2. Defendants’ motion for summary judgment, (Doc. 34), is GRANTED.
9 3. Judgment is entered in Defendants’ favor, and that the Clerk of Court is directed to
10 close this case.
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b IT IS SO ORDERED.
13 | Dated: _September 22, 2025 Cerin | Tower
TED STATES DISTRICT JUDGE
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