(PC) Hunter v. Brenneman ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRANDON EUGENE HUNTER, No. 2:22-cv-1141 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 BRENNEMAN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 29, 2024, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. Neither party has filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 27 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 28 recommendations to be supported by the record and by the Magistrate Judge’s 1 | analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed August 28, 2024, are adopted in 4 | full; 5 2. Defendants’ motion for summary judgment (ECF No. 41) is granted in part 6 | and denied in part as follows: 7 A. Denied with respect to plaintiff's remaining excessive force claim 8 against defendant Brenneman arising from Brenneman’s punches to 9 plaintiff's face. 10 B. Granted in all other respects. 11 3. This matter is referred back to the Magistrate Judge for all further pretrial 12 | proceedings. 13 14 IT 1S SO ORDERED. 15 | Dated: _September 29, 2024 “Dane J CoO □□□□ Hon. Daniel alabretta 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 | hunt1141.801 22 23 24 25 26 27 28