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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 JOSEPH JERMAINE SMITH, No. 1:25-cv-01222 JLT BAM (PC)
12 Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
13 v. CERTAIN CLAIMS
14 GUITRON, et al. (Doc. 16)
15 Defendants.
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17 Joseph Jermaine Smith is a state prisoner proceeding pro se and in forma pauperis in this
18 civil rights action pursuant to 42 U.S.C. § 1983. On May 27, 2026, the magistrate judge issued
19 findings and recommendations recommending this action proceed on Plaintiff’s second amended
20 complaint against Defendants Ali Guitron, Jorge Reyes-Mercado, R. Rensen, S. Stevensen, and
21 Y. Trejo for excessive force in violation of the Eighth Amendment and that all other claims be
22 dismissed based on Plaintiff’s failure to state claims upon which relief may be granted. (Doc. 16.)
23 The Court served the findings and recommendations on Plaintiff and informed him that any
24 objections were due in 14 days. (Id.) The Court also warned that failure to file timely objections
25 may result in the waiver of the “right to challenge the magistrate’s factual findings” on appeal.
26 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834 838-39 (9th Cir 2014).) Plaintiff did not file
27 objections and the time in which to do so has expired.
28 ///
1 According to 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a de novo review of this
2 | case. Having carefully reviewed the entire file, the Court concludes that the findings and
3 || recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:
4 1. The findings and recommendations issued on May 27, 2026, (Doc. 16), are
5 ADOPTED.
6 2. This action SHALL PROCEED on Plaintiff's second amended complaint against
7 Defendants Ali Guitron, Jorge Reyes-Mercado, R. Rensen, S. Stevensen, and Y.
8 Trejo for excessive force in violation of the Eighth Amendment.
9 3. All other claims are DISMISSED based on Plaintiff's failure to state claims upon
10 which relief may be granted.
11 4. The action is referred back to the magistrate judge for further proceedings
12 consistent with this order.
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14 IT IS SO ORDERED.
15 Dated: _ June 29, 2026 Charis [Tourn
TED STATES DISTRICT JUDGE
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