Raley v. Williams et al

Filing 20

ORDER signed by District Judge John A. Mendez on 12/18/2018 ADOPTED in PART and REJECTED in PART the Findings and Recommendations 17 ; Defendants' 8 motion to dismiss is GRANTED; Plaintiff's due process and equal protection claims are DISMISSED with prejudice; Plaintiff's excessive fine and state law claims are DISMISSED without prejudice; and Plaintiff has 20 days to file an amended complaint on the claims not subject to dismissal with prejudice; Defendants shall file their responsive pleading to the amended complaint within 20 days thereafter.(Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

STEPHEN RALEY,

14
15

2:14-cv-02652-JAM-DMC

Plaintiff,

12
13

No.

v.

ORDER

BOB WILLIAMS, et al.,
Defendants.

16
17

Plaintiff is proceeding without counsel with an action under

18

42 U.S.C. § 1983 and state law.

19

United States Magistrate Judge pursuant to Eastern District of

20

California local rules.

21

The matter was referred to a

On August 23, 2018, the Magistrate Judge filed findings and

22

recommendations herein which were served on the parties and which

23

contained notice that the parties may file objections within the

24

time specified therein.

25

recommendations have been filed.

26

Timely objections to the findings and

In accordance with the provisions of 28 U.S.C.

27

§ 636(b)(1)(C) and Local Rule 304, this Court has conducted a de

28

novo review of this case.

The Court adopts in part and modifies
1

1

in part the findings and recommendations as to Defendants’ motion

2

for attorney’s fees.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

5

The findings and recommendations filed August 23, 2018,

are adopted in part and rejected in part;

6

2.

Defendants’ motion to dismiss (ECF No. 8) is granted;

7

3.

Plaintiff’s due process and equal protection claims are

8
9
10
11
12
13
14
15
16

dismissed with prejudice;
4.

Plaintiff’s excessive fine and state law claims are

dismissed without prejudice; and
5.

Plaintiff has twenty (20) days to file an amended

complaint on the claims not subject to dismissal with prejudice.
6.

Defendants shall file their responsive pleading to any

amended complaint within twenty (20) days thereafter.
IT IS SO ORDERED.
Dated:

December 18, 2018.

17
18
19
20
21
22
23
24
25
26
27
28
2