Villareal v. County of Fresno
Filing
98
FINDINGS and RECOMMENDATIONS, Recommending that Defendant County of Fresno's Motion to Dismiss be Denied as Moot 86 , signed by Magistrate Judge Erica P. Grosjean on 3/20/2018: 14-Day Deadline. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ELAINE K. VILLAREAL,
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Plaintiff,
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Case No. 1:15-cv-01410-DAD-EPG (PC)
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT DEFENDANT
COUNTY OF FRESNO’S MOTION TO
DISMISS BE DENIED AS MOOT
v.
COUNTY OF FRESNO and SHERIFF
MARGARET MIMS,
(ECF NO. 86)
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Defendants.
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS
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Elaine Villareal (“Plaintiff”) is a state prisoner proceeding in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
On February 5, 2018, defendant County of Fresno filed a motion to dismiss Plaintiff’s
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original complaint.
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Complaint. (ECF No. 91). As Plaintiff’s amended complaint supersedes the original complaint,
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Lacey v. Maricopa County, 693 F 3d. 896, 907 n.1 (9th Cir. 2012) (en banc), defendant County of
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Fresno’s motion to dismiss is moot.
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(ECF No. 86).
On March 12, 2018, Plaintiff filed a First Amended
Accordingly, IT IS HEREBY RECOMMENDED that defendant County of Fresno’s
motion to dismiss be DENIED as moot.
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These findings and recommendations are submitted to the United States district judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within fourteen
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(14) days after being served with these findings and recommendations, any party may file written
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objections with the court. Such a document should be captioned “Objections to Magistrate
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Judge's Findings and Recommendations.” Any reply to the objections shall be served and filed
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within seven (7) days after service of the objections. The parties are advised that failure to file
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objections within the specified time may result in the waiver of rights on appeal. Wilkerson v.
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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394
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(9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
March 20, 2018
/s/
UNITED STATES MAGISTRATE JUDGE
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