(PC) Petillo v. Jasso ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAIAH J. PETILLO, ) Case No.: 1:21-cv-1401 JLT SAB (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DENYING THE 13 v. ) PARTIES’ CROSS-MOTIONS FOR SUMMARY ) JUDGMENT 14 REYNALDO JASSO, et al., ) ) (Doc. 35, 36, 38, 47) 15 Defendants. ) ) 16 ) 17 Isaiah J. Petillo seeks to hold the defendants liable for excessive force in violation of the 18 Eighth Amendment pursuant to 42 U.S.C. § 1983. On January 24, 2023, the assigned magistrate judge 19 found “a substantial portion of the factual circumstances surrounding the … use of force are dispute.” 20 (Doc. 47 at 9; see also id. at 10-12.) In addition, the magistrate judge found the defendants were not 21 entitled to qualified immunity. (Id. at 13-15.) Therefore, the magistrate judge recommended the 22 parties’ cross-motions for summary judgment be denied. (Id. at 15.) 23 The Findings and Recommendations were served on the parties on January 24, 2023, and 24 contained notice that objections were due within 21 days. (Doc. 47 at 15.) In addition, the parties 25 were informed “failure to file objections within the specified time may result in the waiver of rights on 26 appeal. (Id. at 16, Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 27 F.2d 1391, 1394 (9th Cir. 1991)). No objections have been filed by either party, and the time to do so 28 has passed. 1 Pursuant to 28 U.S.C. § 636 (b)(1)(©), this Court performed a de novo review of the case. 2 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 3 || are supported by the record and by proper analysis. Accordingly, the Court ORDERS: 4 1. The Findings and Recommendations dated January 24, 2023 (Doc. 47) are ADOPTEI 5 in full. 6 2. Plaintiff's motion for summary judgment (Doc. 35) is DENIED. 7 3. Defendant Ochoa’s motion for summary judgment (Docs. 36, 38) is DENIED. 8 4. The matter is referred to the magistrate judge for further proceedings. 9 10 IS SO ORDERED. 11 || Dated: _ February 24, 2023 ( LAW pA L. wan 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28