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Luna v. Loll

United States District Court, Eastern District of California
Jun 10, 2022
1:21-cv-01291-AWI-BAM (E.D. Cal. Jun. 10, 2022)

Opinion

1:21-cv-01291-AWI-BAM

06-10-2022

RENE LUNA, JR., Plaintiff, v. OFFICER LOLL, et al., Defendants.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS (DOC. NOS. 20, 21)

Plaintiff Rene Luna, Jr., is a county jail inmate proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983.

On April 20, 2022, the assigned magistrate judge issued findings and recommendations recommending this action proceed on plaintiff's second amended complaint, filed on April 14, 2022, against Officers Loll and Gomez of the Kings County Sheriff's Department for excessive force in violation of the Fourth Amendment. The magistrate judge recommended that all other claims and defendants be dismissed, without prejudice, based on plaintiff's failure to state a claim upon which relief may be granted. (Doc. No. 21.) Those findings and recommendations were served on the plaintiff and contained notice that objections thereto were to be filed within fourteen (14) days. (Id.) The time in which to file objections has passed and no objections have been filed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, 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 proper analysis.

Accordingly, IT IS HEREBY ORDERED as follows:

1. The findings and recommendations issued on April 20, 2022 (Doc. No. 21) are adopted in full;
2. This action shall proceed on plaintiff's second amended complaint, filed on April 14, 2022, against Officers Loll and Gomez of the Kings County Sheriff's Department for excessive force in violation of the Fourth Amendment;
3. All other claims and defendants are dismissed from this action, without prejudice, based on plaintiff's failure to state claims upon which relief may be granted; and
4. This action is referred back to the assigned magistrate judge for further proceedings consistent with this order.

IT IS SO ORDERED.


Summaries of

Luna v. Loll

United States District Court, Eastern District of California
Jun 10, 2022
1:21-cv-01291-AWI-BAM (E.D. Cal. Jun. 10, 2022)
Case details for

Luna v. Loll

Case Details

Full title:RENE LUNA, JR., Plaintiff, v. OFFICER LOLL, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 10, 2022

Citations

1:21-cv-01291-AWI-BAM (E.D. Cal. Jun. 10, 2022)