Chavez v. Yates et al
Filing
64
FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action, With Prejudice, as Barred by Statute of Limitations 53 , 58 , signed by Magistrate Judge Sheila K. Oberto on 6/21/14: Objections Due Within Fifteen Days. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL CHAVEZ,
Plaintiff,
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v.
Case No. 1:09-cv-01080-AWI-SKO (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
ACTION, WITH PREJUDICE, AS BARRED
BY STATUTE OF LIMITATIONS
JAMES YATES, et al.,
(Docs. 53 and 58)
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Defendants.
OBJECTIONS DUE WITHIN FIFTEEN
DAYS
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_____________________________________/
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Plaintiff Michael Chavez, a state prisoner proceeding pro se and in forma pauperis, filed
18 this civil rights action pursuant to 42 U.S.C. § 1983 on June 19, 2009. This action is proceeding
19 on Plaintiff’s amended complaint, filed on January 25, 2010, against Defendants Ehrman,
20 Igbinosa, Kushner, Diep, Hayden, Ahlin, Pineda, and Yates for violation of Plaintiff’s right to
21 medical care under the Eighth Amendment of the United States Constitution. (Docs. 9, 27, 29.)
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On March 6, 2014, the Court granted, in relevant part, Defendants’ motion to dismiss
23 Plaintiff’s Eighth Amendment claims as barred by the statute of limitations and provided Plaintiff
24 thirty days within which to file a second amended complaint clarifying the bases for his claims
25 against Defendants Ehrman, Igbinosa, Kushner, Diep, Hayden, Ahlin, Pineda, and Yates. Fed. R.
26 Civ. P. 12(b)(6). (Docs. 48, 53.) On March 24, 2014, the Court granted Plaintiff a sixty-day
27 extension of time. (Doc. 58.) More than sixty days have passed and Plaintiff has not filed a
28 second amended complaint curing the deficiencies in his first amended complaint.
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Accordingly, based on Plaintiff’s failure to cure the deficiencies identified in his first
2 amended complaint with respect to the statute of limitations, the undersigned HEREBY
3 RECOMMENDS that this action be dismissed, with prejudice, as barred by the statute of
4 limitations.
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These Findings and Recommendations will be submitted to the United States District
6 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within
7 fifteen (15) days after being served with these Findings and Recommendations, Plaintiff may file
8 written objections with the Court. The document should be captioned “Objections to Magistrate
9 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within
10 the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
11 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
June 21, 2014
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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