Ruiz v. Mobert

Filing 48

ORDER ADOPTING 44 Findings and Recommendations; ORDER DENYING 45 Motion to Supplement Pleadings, signed by District Judge Anthony W. Ishii on 8/20/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,

1:17-cv-00709-AWI-JDP
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 44.)

vs.
R. MOBERT,
Defendant.

ORDER DENYING MOTION TO
SUPPLEMENT PLEADINGS
(ECF No. 45.)

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Rogelio May Ruiz (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 29, 2020, the Magistrate Judge screened plaintiff’s first amended complaint

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and entered findings and recommendations, recommending that this case proceed on plaintiff’s

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excessive force claim against defendant and that all other claims be dismissed. (ECF No. 44.)

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Plaintiff did not file objections, but instead filed a motion to supplement his complaint. (ECF

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No. 45.) As this motion seeks to add unrelated claims, it will be denied.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

The findings and recommendations entered by the Magistrate Judge on January

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29, 2020 (Doc. No. 44) are ADOPTED IN FULL; this case shall proceed on

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plaintiff’s excessive force claim against defendant and all other claims are

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dismissed.

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2.

Plaintiff’s motion to supplement (Doc. No. 45) is DENIED;

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3.

This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated: August 20, 2020
SENIOR DISTRICT JUDGE

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