(PC) Madrid v. Anglea et al
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss Claims and Defendants re 11 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2020. Referred to Unassigned DJ; Objections to F&R due within 14 days. (Rivera, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALEJANDRO MADRID,
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Plaintiff,
v.
H. ANGLEA, et al.,
Case No. 1:19-cv-01456-NONE-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS CLAIMS AND
DEFENDANTS
14-DAY DEADLINE
Defendants.
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On July 14, 2020, the Court screened Plaintiff’s first amended complaint and found that it
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states cognizable claims against Defendant Anglea in his individual capacity, but not against
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Defendants Toubeaux or Voong. (Doc. 12.) The Court further found that the complaint’s equal
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protection, retaliation, and official-capacity claims were not cognizable. (Id.) The Court therefore
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directed Plaintiff to file a second amended complaint curing the deficiencies in his pleading or to
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notify the Court that he wishes to proceed only on the claims found cognizable. (Id. at 11-12.)
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On September 8, 2020, Plaintiff filed a notice “that he wishes to proceed only on the
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claims found cognizable by the court.” (Doc. 15.) Therefore, the Court issued findings and
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recommendations, recommending that Defendants Toubeaux and Voong be dismissed, and that
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Plaintiff’s non-cognizable claims be dismissed. (Doc. 17.)
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Plaintiff filed objections to the findings and recommendations. (Doc. 20.) The Court
interpreted Plaintiff’s objections as indicating that he did not intend to dismiss the claims the
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Court had found incognizable, and thus it withdrew its findings and recommendations and
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directed Plaintiff to file a second amended complaint. (Doc. 21.)
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On November 13, 2020, Plaintiff filed a response to the order, stating that he
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“misinterpreted” the Court’s screening order, and that he “reasserts that he wishes to proceed only
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on the claims found cognizable by the Court against Defendant Anglea.” (Doc. 23.) Accordingly,
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and for the reasons set forth in its screening order (Doc. 12), the Court RECOMMENDS that:
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1. Defendants Toubeaux and Voong be DISMISSED; and,
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2. Plaintiff’s claims against Defendants Toubeaux and Voong and his equal
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protection, retaliation, and official-capacity claims be DISMISSED.
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of
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the date of service of these Findings and Recommendations, Plaintiff may file written objections
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with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings
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and Recommendations.” Failure to file objections within the specified time may result in waiver
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of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v.
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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
November 17, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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