Mitchell v. Beard et al
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss Claims and Defendants Consistent with Magistrate Judge's Prior Order 44 in Light of Williams Decision, signed by Magistrate Judge Gary S. Austin on 12/15/17. Referred to Judge Drozd. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN EDWARD MITCHELL,
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Plaintiff,
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v.
J. BEARD, et al.,
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Defendants.
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1:15-cv-01512-DAD-GSA-PC
FINDINGS AND RECOMMENDATIONS
TO DISMISS CLAIMS AND
DEFENDANTS CONSISTENT WITH
MAGISTRATE JUDGE’S PRIOR ORDER
IN LIGHT OF WILLIAMS DECISION
(ECF NO. 44.)
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN (14) DAYS
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I.
BACKGROUND
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John Edward Mitchell (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On October 5, 2015,
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Plaintiff filed the Complaint commencing this action. (ECF No. 1.)
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Plaintiff has consented to magistrate judge jurisdiction, and no other parties have
appeared. (ECF No. 6.)
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The court previously screened Plaintiff’s complaint before any defendants appeared.
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The court found that Plaintiff stated a cognizable Eighth Amendment conditions-of-
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confinement claim against defendant C/O M. Hunter, and dismissed all other claims and
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defendants. (ECF No. 44.) The case now proceeds with the Second Amended Complaint
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against defendant C/O Hunter.
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On August 31, 2017, the court issued a screening order finding that Plaintiff stated a
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cognizable Eighth Amendment conditions-of-confinement claim against defendant C/O M.
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Hunter, but no other claims against any of the Defendants. (ECF No. 44.) In the order, the
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magistrate judge dismissed Defendants Munoz, Ornelas, Sanchez, Barella, Thytie, Fernandez,
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Roska, Laguatan, Rodriguez, and 3 Doe Defendants (nurses) from this action, for Plaintiff’s
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failure to state any claims against them. (Id.) The magistrate judge also dismissed Plaintiff’s
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claims for excessive force, medical care, and due process, based on Plaintiff’s failure to state a
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claim. (Id.)
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As described below, in light of Ninth Circuit authority, this court is recommending that
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the assigned district judge dismiss Defendants Munoz, Ornelas, Sanchez, Barella, Thytie,
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Fernandez, Roska, Laguatan, Rodriguez, and 3 Doe Defendants (nurses) from this action, and
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dismiss Plaintiff’s claims for excessive force, medical care, and due process, for Plaintiff’s
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failure to state a claim under § 1983, consistent with the August 31, 2017, order by the
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magistrate judge at the screening stage.
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II.
WILLIAMS V. KING
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On November 9, 2017, the United States Court of Appeals for the Ninth Circuit held
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that a magistrate judge lacked jurisdiction to dismiss a prisoner’s case for failure to state a
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claim at the screening stage where the Plaintiff had consented to magistrate judge jurisdiction
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and defendants had not yet been served. Williams v. King, 875 F.3d 500 (9th Cir. 2017).
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Specifically, the Ninth Circuit held that “28 U.S.C. § 636(c)(1) requires the consent of all
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plaintiffs and defendants named in the complaint—irrespective of service of process—before
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jurisdiction may vest in a magistrate judge to hear and decide a civil case that a district court
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would otherwise hear.” Id. at 501.
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Here, Defendants were not served at the time the court issued its order dismissing
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claims and defendants, and therefore had not appeared or consented to magistrate judge
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jurisdiction. Accordingly, the magistrate judge lacked jurisdiction to dismiss Plaintiff’s claims
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and defendants based solely on Plaintiff’s consent.
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In light of the holding in Williams, this court will recommend to the assigned district
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judge that he dismiss the defendants and claims previously dismissed by this court, for the
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reasons provided in the court’s screening order.
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III.
CONCLUSION AND RECOMMENDATIONS
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The court finds that this case should proceed only against defendant C/O M. Hunter, for
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subjecting Plaintiff to adverse conditions of confinement in violation of the Eighth
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Amendment, for housing Plaintiff in a bare, cold, and unsanitary cell without clothing, and all
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other claims and defendants should be dismissed based on Plaintiff’s failure to state a claim, for
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the reasons provided in the court’s August 31, 2017, order.
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Therefore, for the reasons set forth above, IT IS HEREBY RECOMMENDED that:
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1.
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In light of the holding in Williams, the district judge dismiss the claims and
defendants previously dismissed by the magistrate judge on August 31, 2017;
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2.
This case now proceed with Plaintiff’s Second Amended Complaint, filed on
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March 13, 2017, against defendant C/O M. Hunter, for subjecting Plaintiff to
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adverse conditions of confinement in violation of the Eighth Amendment, for
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housing Plaintiff in a bare, cold, and unsanitary cell without clothing;
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3.
All other claims and defendants be dismissed from this action for failure to state
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a claim under § 1983 upon which relief may be granted, for the reasons provided
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in the magistrate judge’s August 31, 2017, order;
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4.
Defendants Munoz, Ornelas, Sanchez, Barella, Thytie, Fernandez, Roska,
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Laguatan, Rodriguez, and 3 Doe Defendants (nurses) be dismissed from this
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action for Plaintiff’s failure to state any claims under § 1983 against them upon
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which relief may be granted; and
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dismissed from this action based on Plaintiff’s failure to state a claim.
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Plaintiff’s claims for excessive force, medical care, and due process be
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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 of the date of service of these findings and recommendations, Plaintiff may file
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written objections with the court.
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Magistrate Judge’s Findings and Recommendations.” Plaintiff is 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)).
Such a document should be captioned “Objections to
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IT IS SO ORDERED.
Dated:
December 15, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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