Brinkman #133444 v. Ryan et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATION 39 REPORT AND RECOMMENDATION andPlaintiff's Motion to Amend/Correct Complaint (Doc. 37 ) is DENIED. Signed by Senior Judge Roslyn O Silver on 11/23/16. (DXD)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Albert L Brinkman, Plaintiff, 10 11 ORDER v. 12 No. CV-15-00827-PHX-ROS (BSB) Charles L Ryan, et al., 13 Defendants. 14 15 Plaintiff commenced this civil rights action on May 6, 2015. (Doc. 1.) Plaintiff 16 subsequently amended the complaint three times. (Docs. 14, 23, 33.) In the Court’s 17 screening of the Third Amended Complaint, the Court found Count Eight stated an 18 Eighth Amendment excessive force claim and Count Nine stated a state-law negligence 19 claim; the Court ordered Defendant Trujillo to answer Counts Eight and Nine; and the 20 Court dismissed the remaining counts and Defendants without prejudice. (Doc. 34.) On 21 June 17, 2016, Plaintiff filed a motion to amend the complaint for a fourth time. (Doc. 22 37.) 23 Recommendation (“R&R”) recommending the Court deny Plaintiff’s motion to file a 24 fourth amended complaint. (Doc. 39.) Plaintiff objected to the R&R on June 29, 2016. 25 (Doc. 40.) On June 22, 2016, Magistrate Judge Bridget S. Bade issued a Report and 26 A district judge “may accept, reject, or modify, in whole or in part, the findings or 27 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party 28 has filed timely objections to the R&R, the district court’s review of the part objected to 1 must be de novo. Id. After reviewing the record, the R&R, and the Plaintiff’s objections, 2 the Court finds Plaintiff’s proposed fourth amended complaint is similar to the Third 3 Amended Complaint and does not cure the deficiencies identified in the May 31, 2016 4 screening order. (See Doc. 34.) Thus, the Court will adopt the R&R and deny Plaintiff’s 5 Motion to Amend/Correct Complaint.1 6 Accordingly, 7 IT IS ORDERED the Report and Recommendation (Doc. 39) is ADOPTED and 8 9 Plaintiff’s Motion to Amend/Correct Complaint (Doc. 37) is DENIED. Dated this 23rd day of November, 2016. 10 11 12 Honorable Roslyn O. Silver Senior United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 The Third Amended Complaint (Doc. 33) remains the operative complaint in this matter. The only remaining claims from the Third Amended Complaint are Counts Eight and Nine against Defendant Trujillo. (Doc. 34.) -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?