BAKER v. GERMAN

Case No. 1:16-cv-01873-AWI-SAB (PC).

DOMINIQUE D. BAKER, Plaintiff, v. HUMBERTO GERMAN, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Dominique D. Baker, Plaintiff, Pro Se.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING FALSE IMPRISONMENT CLAIM, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR INITIATION OF SERVICE OF PROCESS

[ECF Nos. 18, 19, 20]

ANTHONY W. ISHII, Senior District Judge.

Plaintiff Dominique Baker is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 1, 2017, the Magistrate Judge filed Findings and Recommendations recommending that the action proceed on Plaintiff's excessive force claim against Defendants Humberto German and Phillip Holguin and the false imprisonment claim be dismissed for failure to state a cognizable claim for relief. The Findings and Recommendations were served on Plaintiff and contained notice that objections were to be filed within fourteen days. Plaintiff filed objections on May 15, 2017.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff's objections, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed on May 1, 2017, are adopted in full;

2. This action shall proceed on Plaintiff's excessive force claim against Defendants Humberto German and Phillip Holguin;

3. Plaintiff's false imprisonment claim is dismissed for failure to state a cognizable claim for relief; and

4. The matter is referred back to the Magistrate Judge for initiation of service of process.

IT IS SO ORDERED.


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