Williams v. Price et al

Filing 69

ORDER REQUIRING Defendants to Supplement Motion for Judgment on the Pleadings; Thirty (30) Day Deadline signed by Magistrate Judge Stanley A. Boone on 6/9/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COREY WILLIAMS,
Plaintiff,

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Case No. 1:18-cv-00102-NONE-SAB (PC)
ORDER REQUIRING DEFNDANTS TO
SUPPLEMENT MOTION FOR JUDGMENT
ON THE PLEADINGS

v.

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BRANDON PRICE, et al.,

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THIRTY DAY DEADLINE

Defendants.

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Corey Williams (“Plaintiff”), a civil detainee, is appearing pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On February 21, 2020, Defendants Brandon

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Price and Pamela Ahlin filed a motion for judgment on the pleadings. (ECF No. 62.) Plaintiff

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received two extensions of time to file an opposition making his opposition due on May 30,

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2020. (ECF Nos. 66, 68.) Plaintiff did not file a timely opposition and the matter is deemed

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submitted pursuant to Local Rule 230(l).

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In reviewing the motion, Defendants present evidence that Plaintiff filed an action,

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Williams v. Price, No. 19 CE CL 02848 (Fresno Cnty. Sup. Ct.) (here after “Williams II”),

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alleging loss of property in the Superior Court for the State California, Fresno County, on March

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14, 2019. (ECF No. 6201 at pp. 111-13.) On November 7, 2019, the matter came on regularly

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for hearing and the state court sustained Defendant’s demurrer without leave to amend on all

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grounds stated. (ECF No. 62-1 at 127-28.) On January 31, 2020, judgment was entered

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dismissing the action in favor of Defendant Price. (ECF No. 62-1 at 129.) The complaint was

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dismissed in its entirety as to Defendant Price and the action was dismissed with prejudice. (Id.

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at 130.)

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Defendants have not presented any evidence as to the grounds upon which the demurrer

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was brought. The Court shall require Defendants to supplement the record with evidence of the

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grounds upon which the demurrer was sustained.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty (30) days of the date of entry of this order, Defendants shall

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supplement the record with evidence of the grounds upon which the demurrer in

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Williams v. Price, No. 19 CE CL 02848 (Fresno Cnty. Sup. Ct.) was sustained; and
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Upon filing of the supplement this matter will be deemed submitted pursuant to
Local Rule 231(1).

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IT IS SO ORDERED.

15 Dated:

June 9, 2020
UNITED STATES MAGISTRATE JUDGE

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