Opinion
1:03-cv-05801-OWW-SMS-P, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 30), ORDER DENYING MOTION FOR SUMMARY JUDGMENT (Doc. 29).
August 15, 2005
Plaintiff, Jesus Ceballos ("plaintiff"), a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302.
On June 14, 2005, the Magistrate Judge filed Findings and Recommendations herein which were served on the parties and which contained notice to the parties that any objections to the Findings and Recommendations were to be filed within thirty (30) days. To date, the parties have not filed objections to the Magistrate Judge's Findings and Recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis. Plaintiff's verified complaint places in dispute the need for application of force and whether the amount of force used was excessive and for the purpose of inflicting pain and injury.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations, filed June 14, 2005, are ADOPTED IN FULL;
2. Defendants' motion for summary judgment, filed January 14, 2005, is DENIED; and,
3. This matter is referred back to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.