(PC) Gibbs v. Webb ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. GIBBS, No. 2:18-cv-2817 JAM DB P 12 Plaintiff, 13 v. ORDER 14 J. WEBB, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 23, 2020, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed July 23, 2020, are adopted in full; and 28 1 2. This action shall proceed on the following claims: (1) Monell1 claims against Shasta 2 County and California Forensic Medical Group, (2) a First Amendment retaliation claim against 3 Deputy J. Webb, Sergeant C. Reed, Sergeant B. Rodgers, and Captain Dave Kent; (3) a First 4 Amendment right to petition claim against Deputy Webb, Sergeant Reed, and Sergeant Rodgers; 5 (4) a Fourteenth Amendment excessive force claim against Deputy Webb; and (5) a Fourteenth 6 Amendment failure to protect claim against Deputy Barnhart. 7 3. All other claims and defendants are hereby dismissed. 8 4. Case to remain open. 9 10 DATED: October 13, 2020 /s/ John A. Mendez 11 THE HONORABLE JOHN A. MENDEZ 12 UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978).