(PC)Roberson

(PC)Roberson v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaOctober 11, 20221:22-cv-00833California418 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MORRIS ROBERSON, ) Case No.: 1:22-cv-0833 JLT SAB (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DISMISSING v. ) CERTAIN CLAIMS AND DEFENDANTS ) CDCR, et al., ) (Doc. 11) ) Defendants. ) ) )

Previously, the assigned magistrate judge found Plaintiff stated cognizable claims for excessive force claim against Chavez, Salazer, Kyt, Lirio and Furlong, and failure to intervene claim against defendants Valero, Rodriguez, Charles, Furlong, Acebedo, Lirio, Hunter, Loza and Gonzalez. (Doc. 8.) However, Plaintiff failed to allege facts sufficient to support his other claims. On September 12, 2022, Plaintiff filed a notice of his willingness to proceed only upon the claims found cognizable and “dismiss all other claims.” (Doc. 9.) Therefore, the magistrate judge recommended the action proceed only on Plaintiff’s cognizable claims, and all other claims and…

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