Flattum v. State of California Department of Consumer Affairs et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/6/2016 RECOMMENDING that Defendant Bowers be dismissed from this action and this action be closed. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GORDON H. FLATTUM,
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No. 2:11-cv-2711 KJM GGH PS
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
STATE OF CALIFORNIA
DEPARTMENT OF CONSUMER
AFFAIRS, et. al.,
Defendants.
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Plaintiff is proceeding in this action pro se and in forma pauperis. By order of April 23,
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2014, the district court adopted this court’s findings and recommendations with limited
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modifications and ordered defendant Bowers to answer the second amended complaint. All other
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defendants were dismissed. Bowers filed an appeal, and the Ninth Circuit Court of Appeals on
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June 22, 2016 reversed and remanded, holding that defendant Bowers was entitled to absolute
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immunity in signing and publishing a Statement of Issues, and with respect to additional
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allegations that plaintiff had failed to “allege facts as to Bowers sufficient to state any plausible
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claims.” (ECF No. 44 at 2.)
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Accordingly, IT IS RECOMMENDED that:
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1. Defendant Bowers be dismissed from this action; and
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2. This action be closed.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen
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(14) days after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
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shall be served and filed within seven (7) days after service of the objections. The parties are
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advised that failure to file objections within the specified time may waive the right to appeal the
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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: July 6, 2016
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/s/ Gregory G. Hollows
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UNITED STATES MAGISTRATE JUDGE
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GGH:076:flat2711.rem
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