Tufono v. Parker, et al.

Filing 40

ORDER signed by Magistrate Judge Deborah Barnes on 7/23/2019 DENYING 38 Motion to Reinstate State Law Claim. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TINO TUFUNO,

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Plaintiff,

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No. 2:16-cv-2448 MCE DB P

v.

ORDER

L. PARKER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Plaintiff claims he was injured when defendants required his

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cellmate to push plaintiff in his wheelchair over a curb causing plaintiff to fall. Presently before

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the court is plaintiff’s motion to reinstate his state law claim. (ECF No. 38.)

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Plaintiff requests that the court reinstate his state law negligence claim because he

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obtained a copy of the government claim form on June 23, 2019. By order dated November 15,

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2018, the court found that plaintiff could not proceed with his state law claims because he failed

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to allege compliance with the California Government Claims Act. (ECF No. 21.) However,

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plaintiff was given the option to proceed only on his Eighth Amendment claim or to amend the

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complaint. (Id. at 7.) Plaintiff elected to proceed on his Eighth Amendment claims and voluntary

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dismiss his other claims. (ECF No. 22.) Because plaintiff previously agreed to voluntarily

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dismiss his state law claim, the court will deny the motion to reinstate his state law claim.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to reinstate his state law

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claim (ECF No. 38) is denied.

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Dated: July 23, 2019

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DLB:12

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DLB:1/Orders/Prisoner Civil-Rights/tufo2448.mt.reinstate

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