Spears et al v. El Dorado County Sheriff's Department et al

Filing 44

ORDER signed by Senior Judge Morrison C. England, Jr. on 6/15/2021 ADOPTING IN FULL 38 Findings and Recommendations. Plaintiff's Claims Three, Eight and Ten are DISMISSED without further leave to amend and this case shall proceed on Plaintiff's remaining claims. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

No. 2:15-cv-0165 MCE AC PS

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Plaintiff,

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ORDER AND MEMORANDUM
v.
EL DORADO COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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Plaintiff Brian Spears (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis with this civil rights action filed pursuant to 28 U.S.C. § 1983, which

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challenges conditions of Plaintiff’s confinement at the El Dorado County Jail while a

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pretrial detainee. The matter was referred to a United States Magistrate Judge pursuant

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to Local Rule 302(c)(21).

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On January 4, 2021, the magistrate judge filed findings and recommendations

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regarding Plaintiff’s Second Amended Complaint (ECF No. 33), which were served on

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Plaintiff and which contained notice to Plaintiff that any objections to the findings and

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recommendations were to be filed within thirty days after service. Findings and

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Recommendations, ECF No. 38. On January 10, 2021, the magistrate judge granted a
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30-day extension of time for Plaintiff to file objections to the findings and

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recommendations, warning Plaintiff that further extensions would require a showing of

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exigent circumstances. ECF No. 41 (allowing Plaintiff until February 3, 2021). Plaintiff

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filed objections to the findings and recommendations on March 15, 2021. ECF No. 43.1

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Having carefully reviewed the entire file, the Court finds the January 4, 2021,

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findings and recommendations (ECF No. 38) to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 4, 2021 (ECF No. 38), are

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ADOPTED IN FULL.
2. Plaintiff’s Claims Three, Eight and Ten are DISMISSED without further leave to
amend.

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3. This case shall proceed on Plaintiff’s remaining claims.

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IT IS SO ORDERED.

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Dated: June 15, 2021

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Thus, Plaintiff’s Objections are untimely. However, as part of this Court’s inherent power, it
retains the discretion to review such objections de novo. See Webb v. Califano, 468 F. Supp. 825, 830-31
(E.D. Cal. 1979). In preference of resolving such matters on the merits, the Court elects to consider
Plaintiff’s Objections in full. See 28 U.S.C.A. § 636(b)(1).
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