(PC) Dao v. Tabor ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CUONG HUY DAO, No. 2:22-cv-00846-TLN-CSK 12 Plaintiff, 13 v. ORDER 14 P. TABOR, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, 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 May 17, 2024, the magistrate judge filed findings and recommendations herein which 21 were served on all parties, and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 93.) Plaintiff 23 filed objections to the findings and recommendations. (ECF No. 94.) 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed on May 17, 2024 (ECF No. 93), are 3 ADOPTED IN FULL; 4 2. Plaintiffs claim alleging Defendants used excessive force when they removed him 5 from the holding cell and forced Plaintiff to the new cell is DISMISSED; 6 3. Defendants’ Motion for Summary Judgment (ECF No. 80) is GRANTED as to 7 Plaintiffs claim alleging Defendants used excessive force when they slammed 8 Plaintiff to the ground and DENIED as to Plaintiff's claim alleging Defendants 9 used excessive force after they brought Plaintiff to the ground; 10 4. This action will proceed on Plaintiffs claim alleging Defendants used excessive 11 force after they brought Plaintiff to the ground; and 12 5. This matter is referred back to the magistrate judge for further pretrial proceedings. 13 | Date: September 20, 2024 /) 15 \ | / “ / Vim 16 — □□ _Z Troy L. Nunley» } 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28