Vail v. City of Sacramento
Filing
63
ORDER ADOPTING 56 Findings and Recommendations signed by District Judge John A. Mendez on 10/07/19 GRANTING in PART defendant's 37 Motion to Dismiss; DISMISSING the 33 06/21/18 amended complaint's claims arising under federal law wit hout leave to amend; DECLINING to exercise supplemental jurisdiction over the amended complaint's state law claims; DISMISSING the amended complaint's state law claims without prejudice; DENYING 49 Motion to Amend the Complaint; DENYING 50 Motion for Default Judgment and DENYING 54 Motion for Default Judgment. CASE CLOSED (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TERRENCE VAIL,
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Plaintiff,
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No. 2:16-cv-2673 JAM DB PS
v.
ORDER
CITY OF SACRAMENTO,
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Defendant.
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Plaintiff is proceeding in this action pro se. The matter was referred to a United States
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Magistrate Judge pursuant to Local Rule 302(c)(21).
On August 1, 2019, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days after service of the
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findings and recommendations. Plaintiff has filed objections to the findings and
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recommendations.
The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed August 1, 2019 (ECF No. 56) are adopted in
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full;
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2. Defendant’s November 21, 2018 motion to dismiss (ECF No. 37), is granted in part;
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3. The June 21, 2018 amended complaint’s claims arising under federal law are dismissed
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without leave to amend;
4. The court declines to exercise supplemental jurisdiction over the amended complaint’s
state law claims;
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5. The amended complaint’s state law claims are dismissed without prejudice;
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6. Plaintiff’s May 28, 2019 motion for leave to amend (ECF No. 49) is denied;
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7. Plaintiff’s May 28, 2019 motion for default judgment (ECF No. 50) is denied;
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8. Plaintiff’s July 15, 2019 motion for default judgment (ECF No. 54) is denied; and
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9. This action is closed.
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DATED: October 7, 2019
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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