Pringle v. Gentry et al

Filing 31

ORDER signed by District Judge Troy L. Nunley on 5/7/2018 ADOPTING 27 Findings and Recommendations IN PART. Defendants' 12 motion to dismiss is GRANTED IN PART and Plaintiff's first, third, and fourth claims are DISMISSED for lack of personal jurisdiction. The Court REFERS this matter back to the magistrate judge for further proceedings consistent with this order. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAMELA DENISE PRINGLE, 12 13 14 15 No. 2:17-cv-02206-TLN-AC (PS) Plaintiff, v. ORDER AMANDA GENTRY, et al., Defendants. 16 17 18 19 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On March 30, 2018, the magistrate judge filed findings and recommendations herein 20 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 21 findings and recommendations were to be filed within twenty one days. ECF No. 27. Plaintiff 22 has filed timely objections to the findings and recommendations. ECF No. 29. 23 The Court has reviewed the file and adopts in part the magistrate judge’s analysis. 24 However, the Court declines to adopt the sua sponte dismissal for forum non conveniens of 25 Plaintiff’s second claim. When a Court sua sponte dismisses for forum non conveniens it must 26 first provide the plaintiff notice and an opportunity to be heard. Khokhar v. Yousuf, C 15-06043- 27 SBA, 2017 WL 3535055, at *4 (N.D. Cal. 2017) (citing Costlow v. Weeks, 790 F.2d 1486, 1488 28 (9th Cir. 1986)). Plaintiff shall be afforded an opportunity to be heard on forum non conveniens 1 1 prior to dismissal of her second claim. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed March 30, 2018, are adopted in part; 4 2. Defendants’ motion to dismiss (ECF No. 12) is GRANTED IN PART and Plaintiff’s 5 6 7 first, third, and fourth claims are dismissed for lack of personal jurisdiction; and 3. The Court refers this matter back to the magistrate judge for further proceedings consistent with this order. 8 9 Dated: May 7, 2018 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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