Santos Valenzuela v. Smith et al

Filing 47

ORDER VACATING 33 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Stanley A. Boone on 3/29/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANTOS VALENZUELA,

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Plaintiff,
v.
SMITH, et al.,
Defendants.

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Case No.: 1:17-cv-01440-LJO-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS ISSUED DECEMBER 5,
2018
[ECF No. 33]

Plaintiff Santos Valenzuela is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On December 5, 2018, the undersigned issued Findings and Recommendations recommending

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that the instant action be dismissed for failure to state a cognizable claim for relief. On December 28,

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2018, Plaintiff filed objections to the Findings and Recommendations.

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In his objections, Plaintiff contended that he filed his first amended complaint without

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understanding the legal process and meaning of “deliberate indifference.” (ECF No. 38 at 1.) Plaintiff

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further contended that he has “not been given the opportunity to study this matter in a facility law

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library so I can correctly file the complaint for what happened to my hand in surgery. I merely was

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forced to file [an] amended complaint in a mental health facility at California Health Care facility

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without sufficient knowledge of the law and or access to the law library.” (Id. at 2.)
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Based on Plaintiff’s allegations in his objections and in the interest of justice, the Court granted

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Plaintiff one final opportunity to file a second amended complaint in an attempt to cure the

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deficiencies and state a cognizable claim for relief. The Court held the pending December 5, 2018

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Findings and Recommendations in abeyance unless and until Plaintiff filed a second amended

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complaint and warned Plaintiff that if he failed to file a timely second amended complaint, the Court

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would proceed with the Findings and Recommendations issued on December 5, 2018, recommending

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the action be dismissed for failure to state a cognizable claim for relief.

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On March 28, 2019, Plaintiff filed a second amended complaint. (ECF No. 46.) Accordingly,

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the December 5, 2018 Findings and Recommendations are HEREBY VACATED, and the Court will

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screen Plaintiff’s second amended complaint in due course.

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IT IS SO ORDERED.

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Dated:

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March 29, 2019
UNITED STATES MAGISTRATE JUDGE

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