Jaquez, Jr. v. County of Sacramento et al

Filing 36

ORDER signed by Judge Morrison C. England, Jr. on 04/21/11 ORDERING that plf's 32 Motion for Reconsideration is GRANTED in part; Clerk to REOPEN case and the matter will proceed against all dfts to the First, Second, and Sixth Causes of Action and against only dfts Eric Maness, Jamie Lewis, and AnnMarie Boylan as to the Third and Fourth Causes of Action. The Fifth Cause of Action is still dismissed as to all parties. Plaintiff's request to file a Second Amended Complaint is DENIED as untimely. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD JAQUEZ, JR.,

No. 2:10-cv-01040-MCE-DAD

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Plaintiff,
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v.

ORDER

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COUNTY OF SACRAMENTO, ET AL.,
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Defendants.
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----oo0oo----

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Plaintiff Richard Jaquez, Jr. (“Plaintiff”) filed the

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instant Complaint against Sacramento County and various

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individually named Sacramento County Jail employees

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(collectively, “Defendants”) for injuries Plaintiff sustained

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while detained in the Sacramento County Main Jail.

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Sacramento County, Eric Maness, Jamie Lewis, and AnnMarie Boylan

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filed a Motion to Dismiss the complaint for failure to state a

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claim upon which relief can be granted pursuant to Federal Rule

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of Civil Procedure Rule 12(b)(6).

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Sixth causes of action were not at issue in the motion.
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Defendants

Plaintiff’s First, Second, and

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On February 1, 2011 this Court issued an order granting in

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part Defendants’ Motion to Dismiss Plaintiffs’ First Amended

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Complaint. (ECF No. 23.)

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the Motion was granted as to Defendant County of Sacramento on

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the Third and Fourth Causes of Action; denied as to Defendants

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Eric Maness, Jamie Lewis, and AnnMarie Boylan on the Third and

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Fourth Causes of Action; and granted as to all parties on the

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Fifth Cause of Action.

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amend his complaint within twenty days from February 1, and

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Specifically, the order explained that

(Id. at 8.)

Plaintiff was permitted to

failed to do so.

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Upon receiving no amended complaint, the Court issued an

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order dismissing the entire case without leave to amend.

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No. 30.)

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explaining that the case should not have been fully dismissed,

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since the Court’s previous order did not grant Defendants’ motion

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in full.

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and the Court prematurely dismissed the complaint in full.

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(ECF

Plaintiff filed the instant Motion for Reconsideration,

(ECF No. 32.)

Plaintiff, in this regard, is correct,

As such, Plaintiff’s Motion for Reconsideration (ECF No. 32)

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is GRANTED in part.

The Clerk of Court is ordered to re-open the

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case, and the matter will proceed against all Defendants as to

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the First, Second, and Sixth Causes of Action and against only

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Defendants Eric Maness, Jamie Lewis, and AnnMarie Boylan as to

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the Third and Fourth Causes of Action.

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The Fifth Cause of Action is still dismissed as to all parties.

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Plaintiff’s request to file a Second Amended Complaint is DENIED

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as untimely.

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IT IS SO ORDERED.
Dated: April 21, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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