(PC) Cortinas v. Huerta ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS, 1:17-cv-00130-AWI-GSA-PC 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 vs. (ECF No. 74.) 14 M. HUERTA, et al., ORDER GRANTING DEFENDANT HUERTA’S MOTION FOR SUMMARY 15 Defendants. JUDGMENT (ECF No. 69.) 16 ORDER FOR CLERK TO ENTER 17 JUDGMENT FOR DEFENDANT HUERTA 18 ORDER FOR CASE TO PROCEED 19 ONLY AGAINST DEFENDANT SCALIA 20 21 22 Larry William Cortinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 23 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a 24 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 25 On January 11, 2021, findings and recommendations were entered, recommending that 26 defendant Huerta’s motion for summary judgment, filed on July 6, 2020, be granted. (ECF No. 27 74.) On January 25, 2021, Plaintiff filed objections to the findings and recommendations. (ECF 28 No. 75.) 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 ||court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 || including Plaintiffs objections, the court finds the findings and recommendations to be supported 4 the record and proper analysis. Plaintiff relies on allegations in his complaint, but fails to 5 || address the actual analysis of the Findings and Recommendation. The Court agrees with the 6 || Findings and Recommendation that Plaintiffs representations in the second summary judgment 7 ||motion essentially abandoned the excessive force claim against Defendant Huerta. See Davis v. 8 || City of Las Vegas, 478 F.3d 1048, 1058 (9th Cir. 2007). 9 Accordingly, THE COURT HEREBY ORDERS that: 10 1. The findings and recommendations issued by the magistrate judge on January 11, 11 2021, are ADOPTED IN FULL; 12 2. Defendant Huerta’s motion for summary judgment, filed on July 6, 2020, is 13 GRANTED; 14 3. The clerk is directed to enter judgment for defendant Huerta and dismiss him from 15 this case; 16 4. This case shall proceed only against defendant Scalia, for use of excessive force 17 in violation of the Eighth Amendment; and 18 5. This case shall be referred back to the magistrate judge for further proceedings. 19 50 IT IS SO ORDERED. 21 Dated: _ January 28, 2021 7 Sz, 7 Cb Lec "SENIOR DISTRICT JUDGE 22 23 24 25 26 27 28