Alton D. Stowers v. Macias ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ALTON D. STOWERS, Case No. EDCV 18-1530- ODW (PVC) 12 Plaintiff, ORDER ACCEPTING FINDINGS, 13 v. CONCLUSIONS AND RECOMMENDATIONS OF UNITED 14 DEPUTY MACIAS, et al., STATES MAGISTRATE JUDGE 15 Defendants. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint 18 in the above-captioned matter, Defendants’ Motion for Summary Judgment (“MSJ”), 19 Plaintiff’s Opposition, all the records and files herein, and the Report and 20 Recommendation of the United States Magistrate Judge. The time for filing Objections to 21 the Report and Recommendation has passed and no Objections have been received. 22 Accordingly, the Court accepts and adopts the findings, conclusions and recommendations 23 of the Magistrate Judge. 24 25 IT IS ORDERED THAT: 26 27 1. Defendants’ evidentiary objections are OVERRULED without prejudice; 28 1 2. The MSJ is DENIED to the extent that Defendants contend that this action 2 || is barred by the doctrine in Heck v. Humphrey, 512 U.S. 477, 487 (1994); 3 4 3. The MSJ is GRANTED in favor of Deputies Macias and Kennedy in their 5 || individual capacities on Plaintiffs excessive force claims; 6 7 4. The MSJ is GRANTED in favor of the County of Riverside and Deputies 8 || Macias and Kennedy in their official capacities on Plaintiff's failure to train claim 9 || pursuant to Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 694 (1978) ; 10 || and 11 12 5. Judgment shall be entered DISMISSING this action with prejudice. 13 14 The Clerk shall serve copies of this Order and the Judgment herein on Plaintiff at 15 || his address of record and on counsel for Defendants. 16 17 IT IS SO ORDERED. . Getdee 19 || DATED: May 14, 2020 v7 20 OTIS D. WRIGHT, II 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28