Williams v. Alcala et al
Filing
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ORDER Adopting 59 Findings and Recommendations and Denying Plaintiff's 40 Motion to Amend the Complaint, signed by District Judge Dale A. Drozd on 11/27/18. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT C. WILLIAMS,
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No. 1:17-cv-00916-DAD-SAB
Plaintiff,
v.
GERARDO ALCALA, et al.,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION TO AMEND THE
COMPLAINT
Defendants.
(Doc. No. 40, 59, 61)
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Plaintiff Robert C. Williams is proceeding pro se and in forma pauperis in this civil rights
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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 31, 2018, the assigned magistrate judge issued findings and recommendations,
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recommending that plaintiff’s motion to amend his complaint be denied. (Doc. No. 59.) The
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findings and recommendations were served on the parties and contained notice that any
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objections thereto were to be filed within twenty-one days after service. (Id. at 5.) Plaintiff filed
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objections on September 13, 2018. (Doc. No. 61.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s
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objections, the court finds the findings and recommendations to be supported by the record and
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by proper analysis.
In moving to amend his complaint, plaintiff seeks to add allegations that defendants
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conspired and retaliated against him because of his complaint against an unidentified officer, and
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that this retaliation took the form of using excessive force against him. Specifically, plaintiff
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seeks to add allegations that on October 21, 2015, he filed a complaint about a clinical staff
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member. (Doc. No. 40 at 7–8.) In his objections, plaintiff states that he seeks to add these
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allegations to his complaint in this case for two reasons. First, he wishes to establish the
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defendants’ state of mind when they used excessive force against him on October 21, 2015.
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(Doc. No. 61 at 2.) Second, he seeks to use these facts to allege a new claim for conspiracy
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and/or retaliation.
With respect to defendants’ state of mind, the court finds that leave to amend must be
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denied because it would unduly delay this litigation. See Eminence Capital, LLC v. Aspeon, Inc.,
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316 F.3d 1048, 1052 (9th Cir. 2003). The undersigned has already concluded that plaintiff’s
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complaint states a cognizable claim for excessive use of force. (Doc. No. 24 at 3.) No further
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factual allegations in the complaint are therefore required to support this claim, and granting leave
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to amend would serve only to delay resolution of this matter without any corresponding benefit.
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Regarding any additional claims plaintiff seeks to now allege, the assigned magistrate judge
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found that these additional allegations, even if credited, would not state a cognizable claim for
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relief, either as to claims of conspiracy or retaliation. Plaintiff’s objections do not call those
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conclusions into question.
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Accordingly:
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1.
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The findings and recommendations issued on August 31, 2018 (Doc. No. 59) is
adopted in full; and
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Plaintiff’s motion to amend the complaint (Doc. No. 41) is denied.
IT IS SO ORDERED.
Dated:
November 27, 2018
UNITED STATES DISTRICT JUDGE
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