Spears v. El Dorado County Courts et al

Filing 41

ORDER signed by Magistrate Judge Dennis M. Cota on 3/23/2021 STRIKING 28 Motion to Dismiss as going to a superseded complaint; GRANTING 38 Unopposed Motion to Amend the Complaint; ORDERING this case will proceed on 39 Third Amended Complaint; and ORDERING Clerk to terminated 28 Motion to Dismiss as a pending motion. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

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Plaintiff,

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No. 2:16-CV-2655-TLN-DMC-P

v.

ORDER

EL DORADO COUNTY, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. Before the Court is Plaintiff’s motion to amend his operative second amended

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complaint. ECF No. 38. He has properly filed a proposed third amended complaint alongside his

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motion. ECF No. 39. Defendants previously moved to dismiss, raising statute of limitations

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defenses that would bar many, if not all, of Plaintiff’s claims. See ECF Nos. 28, 32. The Court

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granted Plaintiff the opportunity to seek leave to amend to address statute of limitations issues.

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ECF No. 35.
Defendants do not oppose Plaintiff’s motion to amend or granting Plaintiff an

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opportunity to cure statute of limitations issues. ECF No. 40. Defendants ask the Court to screen

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Plaintiff’s third amended complaint under 28 U.S.C. § 1914A. Id. at 2. The Court is inclined to do

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so and will screen Plaintiff’s third amended complaint by separate order.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s unopposed motion to amend (ECF No. 38) is GRANTED and

this case will proceed on Plaintiff’s third amended complaint;
2.

Defendants’ motion to dismiss (ECF No. 28) is STRICKEN as going to a

superseded complaint;
3.

The Clerk of the Court is directed to terminate Defendants’ motion to

dismiss (ECF No. 28) as a pending motion; and
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After screening, should this case proceed on any non-barred claims,

Defendants may move the Court to take appropriate action.

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Dated: March 23, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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