United States District Court, C.D. California, Western Division
November 17, 2014
LIBRADO SOLANO, JR., Plaintiff,
JOSEPH DAVIS et al., Defendants
Librado Solano, Jr, Plaintiff, Pro se, Susanville, CA.
For Mr Starfas, individual, Mr Dullen, individual, Mr Johnson, individual, Alcedo, Officer, Krekes, Officer, Defendants: Mary Pat Barry, Sarah Anne McElhinney, LEAD ATTORNEYS, Office of County Counsel, County of Santa Barbara, Santa Barbara, CA.
ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE.
OTIS D. WRIGHT II, United States District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, the parties' motion and opposition papers, the records on file, and the Report and Recommendation of the assigned United States Magistrate Judge. Neither party has filed any written objections to the report.
IT IS HEREBY ORDERED that:
1. The Report and Recommendation is approved and accepted.
2. Defendants' motion for summary judgment is denied as to Plaintiff's excessive force claim against Defendants Kerekes and Ascedo and Plaintiff's failure to intervene claim against Defendant Dullen.
3. Defendants' motion for summary judgment is granted as to Plainitff's claims against Defendants Starfas and Johnson as well as Plaintiff's deliberate indifference to medical needs claim.