Rodriguez v. Beard et al
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2019 VACATING the 141 findings and recommendations filed on 5/17/2019 and DENYING as moot plaintiff's 143 , 146 motions to enforce the Ninth Circuit 's 4/22/2019 order. IT IS RECOMMENDED that plaintiff's claims in the second amended complaint alleging an inadequate law library, inadequate law library access and race-based lockdowns on 3/2/2011 and 11/9/2012 be dismissed; and plaintiff's 26 motion to amend be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DEAN C. RODRIGUEZ,
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Plaintiff,
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No. 2: 14-cv-1049 MCE KJN P
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
JEFFREY BEARD, et al.,
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Defendants.
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Introduction
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
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to 42 U.S.C. § 1983. On March 22, 2017, the court granted defendants’ summary judgment
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motion and judgment was entered. (ECF Nos. 133, 134.) Plaintiff appealed the judgment to the
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Ninth Circuit Court of Appeals. (ECF No. 137.)
On April 22, 2019, pursuant to Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017),
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the Ninth Circuit Court of Appeals reversed and remanded this action on the grounds that the
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undersigned dismissed certain claims without consent from all parties. (ECF No. 140.) In
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Williams v. King, the Ninth Circuit ruled that 28 U.S.C. § 636(c)(1) requires the consent of all
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parties named in a civil case before a Magistrate Judge’s jurisdiction vests for dispositive
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purposes. 875 F.3d at 503-04.
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In accordance with the Ninth Circuit’s April 22, 2019 order, on May 17, 2019, the
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undersigned recommended dismissal of those claims previously dismissed by the undersigned
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without the consent of all parties. (ECF No. 141.)
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At the time the undersigned issued the May 17, 2019 findings and recommendations, the
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Ninth Circuit had not yet issued the mandate. On June 14, 2019, the Ninth Circuit issued the
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mandate. (ECF No. 145.) In an abundance of caution, the undersigned vacates the May 17, 2019
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findings and recommendations. For the reasons stated herein, the undersigned again recommends
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dismissal of those claims previously dismissed by the undersigned without the consent of all
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parties.
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Discussion
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On September 5, 2014, the undersigned issued an order addressing the claims raised in the
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second amended complaint. (ECF No. 18.) The undersigned dismissed, without leave to amend,
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plaintiff’s claims alleging an inadequate law library, inadequate law library access and race-based
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lockdowns on March 2, 2011 and November 9, 2012.1 Pursuant to Williams v. King, the
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September 5, 2014 dispositive order dismissing these claims without leave to amend was
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improper because not all parties had consented to the undersigned’s jurisdiction. Accordingly, for
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the reasons stated in the September 5, 2014 order, the undersigned now recommends dismissal of
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the claims alleging an inadequate law library, inadequate law library access and race-based
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lockdowns on March 2, 2011, and November 9, 2012, raised in the second amended complaint.
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The undersigned herein addresses several arguments raised by plaintiff in his objections to
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the May 17, 2019 findings and recommendations in anticipation that they will be raised again in
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objections to the instant findings and recommendations.
In his objections, plaintiff argues that the undersigned’s order screening the original
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complaint is subject to challenge for want of jurisdiction, pursuant to Williams v. King. For the
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reasons stated herein, this argument is without merit.
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In the September 5, 2014 order, the undersigned ordered service of plaintiff’s claims alleging
that defendants Foulk and St. Andre subjected plaintiff to a race-based lockdown on March 17,
2013. The undersigned also ordered service of plaintiff’s claim alleging that defendant Matis
retaliated against him.
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On June 11, 2014, the undersigned dismissed original plaintiff’s complaint with leave to
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amend. (ECF No. 9.) In this order, the undersigned also denied plaintiff’s May 19, 2014 motion
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to amend his complaint to correct a typographical error. (Id.) Because neither of these orders
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was dispositive, they are unaffected by the remand of this action pursuant to Williams v. King.
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See McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991) (dismissal of complaint with leave to
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amend is a non-dispositive matter); S.E.C. v. CMKM Diamonds, Inc., 729 F.3d 1248, 1260 (9th
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Cir. 2013 (“[W]here the denial of a motion … is effectively a denial of the ultimate relief sought,
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such a motion is considered dispositive.”)
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In his objections, plaintiff argues that this action must restart anew from the erroneously
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issued September 5, 2014 order. This argument is without merit. It is clear that Williams v. King
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does not require this litigation to restart anew from the September 5, 2014 order unless the district
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court declines to adopt the recommendation that the claims alleging an inadequate law library,
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inadequate law library access and race-based lockdowns on March 2, 2011 and November 9,
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2012 be dismissed.
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Plaintiff also argues that this action should restart from the June 11, 2014 order dismissing
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the original complaint with leave to amend because the second amended complaint was filed
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without leave of court. For the following reasons, this argument is without merit.
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On June 11, 2014, the undersigned dismissed the original complaint with leave to amend.
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(ECF No. 9.) On July 14, 2014, plaintiff filed a first amended complaint. (ECF No. 13.) On July
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21, 2014, plaintiff filed the second amended complaint. (ECF No. 15.) On September 5, 2014,
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the undersigned issued the order screening the second amended complaint, rather than the first
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amended complaint. (ECF No. 18.) Based on these circumstances, plaintiff’s argument that this
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action should proceed from the June 11, 2014 order because he filed the second amended
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complaint without leave of court is without merit. The undersigned observes that in the reply to
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plaintiff’s objections, defendants waive any objection to the filing of the second amended
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complaint and provide consent to proceed on the second amended complaint filed July 21, 2014.
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In his objections, plaintiff also argues that the undersigned mischaracterized his second
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amended complaint as a second amended complaint. Plaintiff argues that the second amended
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complaint was actually a second re-iteration of the first amended complaint, with corrected
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exhibits. Based on these circumstances, plaintiff argues that he should now have the opportunity
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to withdraw the second amended complaint and replace it with a new amended complaint.
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After reviewing the docket, the undersigned finds that the court did not mischaracterize
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the second amended complaint. Accordingly, plaintiff’s argument that he should be allowed to
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file an amended complaint based on an alleged mischaracterization of the second amended
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complaint is without merit.
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Remaining Matters
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On January 5, 2015, the undersigned denied plaintiff’s motion to amend. (ECF No. 30.)
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In an abundance of caution, pursuant to Williams v. King, the undersigned herein recommends
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that plaintiff’s motion to amend (ECF No. 26) be denied for the reasons stated in the January 5,
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2015 order.
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On June 7, 2019 and June 28, 2019, plaintiff filed motions to enforce the Ninth Circuit’s
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April 22, 2019 order. (ECF Nos. 143, 146.) Because the instant order addresses the Ninth
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Circuit’s April 22, 2019 order, plaintiff’s motions to enforce the Ninth Circuit’s April 22, 2019
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order are denied as moot.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The May 17, 2019 findings and recommendations (ECF No. 141) are vacated;
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2. Plaintiff’s motions to enforce the Ninth Circuit’s April 22, 2019 order (ECF Nos. 143,
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146) are denied as moot;
IT IS HEREBY RECOMMENDED that:
1. Plaintiff’s claims in the second amended complaint alleging an inadequate law
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library, inadequate law library access and race-based lockdowns on March 2, 2011
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and November 9, 2012 be dismissed;
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2. Plaintiff’s motion to amend (ECF No. 26) be denied.
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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 28 U.S.C. § 636(b)(l). Within fourteen days
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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 response to the
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objections shall be filed and served within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: December 6, 2019
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