Summary
finding that "[p]epper spray decontamination with hot instead of cold water does not constitute an excessive risk of serious harm"
Summary of this case from Garcia v. PopeOpinion
No. ED CV 10-01127-JVS (VBK)
01-12-2015
ERNIE M. GARCIA, Plaintiff, v. P. COVELLO, et al., Defendants.
ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DISMISSING THE THIRD AMENDED COMPLAINT
Pursuant to 28 U.S.C. §636, the Court has reviewed the Third Amended Complaint and all other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation.
IT IS THEREFORE ORDERED that a Judgment be entered (1) approving the findings of the United States Magistrate Judge, (2) granting Defendants' Motion to Dismiss Third Amended Complaint; and (3) directing that Judgment be entered dismissing this action with prejudice. DATED: January 12, 2015
/s/_________
JAMES V. SELNA
UNITED STATES DISTRICT JUDGE