(PC) Hodge v. Placer County ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PHILIP WESLEY HODGE, No. 2:20-cv-01531-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 PLACER COUNTY, et al., 15 Defendants. 16 17 Plaintiff Philip Wesley Hodge (“Plaintiff”), a Placer County Jail prisoner proceeding pro 18 se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On November 9, 2020 the magistrate judge filed findings and recommendations herein 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 8.) Plaintiff has 24 not filed objections to the findings and recommendations. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 28 the file, the Court finds the findings and recommendations to be supported by the record and by 1 the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed November 9, 2020 (ECF No. 8), are 4 ADOPTED IN FULL; and 5 2. All claims against Defendants Placer County, Devon Bell, and B. Glau are DISMISSED, 6 except for the claim for excessive force arising under the Eighth Amendment against Defendant 7 Persinger. 8 IT IS SO ORDERED. 9 DATED: December 7, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28