Harrell v. Hornbrook Community Services District, et al.

Filing 55

ORDER signed by District Judge Kimberly J. Mueller on 3/22/16 ORDERING that Defendant Winston's motion to dismiss plaintiffs § 1983 claims based on a lack of state action (ECF No. 14) is GRANTED with leave to amend; Defendants Hornbr ook Community Services District, Michele Hanson, Patricia Brown, Sharrel Barnes, Julie Bowles, Clint Dingman, and Ernest Goffs motion to dismiss plaintiff's § 1983 claims on the merits (ECF No. 35) is GRANTED with leave to amend; Defendant s' motions to dismiss plaintiffs state law claims for failure to comply with the CTCA (ECF Nos. 14, 35) are GRANTED with leave to amend; and Defendants' motions to strike plaintiff's state law claims (anti-SLAPP motions) (ECF Nos. 14, 35) are DENIED without prejudice to renewal if brought as a separate motion after plaintiff amends the complaint. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER T. HARRELL,

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No. 2:14-cv-01595 KJM GGH PS

Plaintiff,
v.

ORDER

HORNBROOK COMMUNITY
SERVICES DISTRICT, et al.,
Defendants.

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Plaintiff is proceeding in this action in pro per. The matter was referred to a United States
Magistrate Judge as provided by Local Rule 302(c)(21).
On September 10, 2015, the magistrate judge filed findings and recommendations, which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. ECF No. 50. On

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September 10, 2015, defendant Winston filed objections to the findings and recommendations.

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ECF No. 51. On September 11, 2015, the remaining defendants filed objections to the findings

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and recommendations. ECF No. 52. On September 24, 2015 plaintiff filed objections to the

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findings and recommendations. ECF No. 54.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
court has conducted a de novo review of this case. The court has carefully reviewed the file and
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adopts the findings and recommendations, with the exception that plaintiff is not granted leave to

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add Jason J. Sommers and Robert W. Lucas as defendants in any amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant Winston’s motion to dismiss plaintiff’s § 1983 claims based on a lack of

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state action (ECF No. 14) is GRANTED with leave to amend;
2. Defendants Hornbrook Community Services District, Michele Hanson, Patricia Brown,

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Sharrel Barnes, Julie Bowles, Clint Dingman, and Ernest Goff’s motion to dismiss plaintiff’s

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§ 1983 claims on the merits (ECF No. 35) is GRANTED with leave to amend;

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3. Defendants’ motions to dismiss plaintiff’s state law claims for failure to comply with
the CTCA (ECF Nos. 14, 35) are GRANTED with leave to amend; and
4. Defendants’ motions to strike plaintiff’s state law claims (anti-SLAPP motions) (ECF

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Nos. 14, 35) are DENIED without prejudice to renewal if brought as a separate motion after

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plaintiff amends the complaint.

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DATED: March 22, 2016

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UNITED STATES DISTRICT JUDGE
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