(PC) Morgan v. Sacramento County Sheriffs Dept.

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMMY DAVIS MORGAN, No. 2:19-CV-1179-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, et al., 15 Defendants. 16

17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 19 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 20 Eastern District of California local rules. 21 On June 22, 2022, the Magistrate Judge filed findings and recommendations, 22 which were served on the parties and which contained notice that the parties may file objections 23 within the time specified therein. No objections to the findings and recommendations have been 24 filed. 25 The court presumes that any findings of fact are correct. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 28 of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 1 | court....”). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 22, 2022, are adopted in full; 5 || and 6 2. Defendants’ motion to dismiss, ECF No. 133, is denied in part and granted in 7 | part; 8 3. Defendants’ motion is denied as to Plaintiff's Fourteenth Amendment pretrial 9 || detention conditions claim; 10 4. Defendants’ motion is denied as to Plaintiff's Fourteenth Amendment 11 excessive force claim; 12 5. Defendants’ motion is granted as to all other claims; and 13 6. Defendants shall file an answer to Plaintiff's fourth amended complaint, ECF 14 || No. 127, within 30 days of the date of this order. 15 | DATED: October 11, 2022. 16 17 18 CHIEF ED STATES DISTRICT JUDGE

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