Johnson v. Ortiz

Filing 47

ORDER that the Defendants 28 Motion to Dismiss the State Law Claims against Defendant Doehring for Acts Occurring after June 17, 2008 is Denied signed by District Judge David C. Bury on 09/01/2010. Answer to Complaint due by 9/24/2010.(Flores, E)

(PC) Johnson v. Ortiz

Doc. 47

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N o w that the Ninth Circuit has dismissed the Plaintiff's Notice of Appeal as p re m a tu re ly filed, this Court will treat the Plaintiff's Notice for Reconsideration (Doc. 44) file d July 26, 2010 as a response to the Order to Show Cause. Plaintiff does establish that a timely Notice of Claim was filed with the state such that the claims against Defendant D o e h rin g based on acts after June 13, 2007 are not dismissed. Plaintiff did not establish that th e Government Claims Act was timely complied with as to Defendants Diep and Vilaysane. T h e Court has previously ruled not to allow Plaintiff to file a Third (possibly the Fourth) A m e n d e d Complaint renaming Defendants and claims that clearly will result in a frivolous a c tio n subject to dismissal because Plaintiff failed to comply with the Government Claims A c t based on the time period of the acts attributed to these Defendants and claims. See L u c a s v. Dept. of Corrections, 66 F.3d 245, 248 (9th Cir. 1995)(no amendment can cure this d e fe c t). A c c o rd in gly , IT IS ORDERED that the Defendants' Motion to Dismiss (Doc. 28) the state law c la im s against Defendant Doehring for acts occurring after June 17, 2008 is DENIED. The vs. D r. Ortiz, et al., Defendants. Arthur L. Johnson, Plaintiff, ) ) ) ) ) ) ) ) ) ) CV-1-08-1183-DCB P ORDER I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

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m o tio n is GRANTED as to all other parties and claims which are dismissed from this action w ith prejudice based on Plaintiff's failure to comply with the Government Claims Act, BUT F O R Defendants Corona (deliberate indifference to medical needs) and Doehring (state law c la im s based on acts occurring after June 13, 2007), who should file their Answer on or b e fo re September 24, 2010. D A T E D this 1 st day of September, 2010.

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