Humes v. Sacramento County
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/30/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JON HUMES,
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Plaintiff,
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No. 2:18-cv-0957-KJM-EFB P
v.
FINDINGS AND RECOMMENDATIONS
SACRAMENTO COUNTY,
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Defendant.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28
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U.S.C. § 636(b)(1).
On June 28, 2019, the undersigned issued findings and recommendations to dismiss
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plaintiff’s complaint with leave to amend only as to plaintiff’s excessive force claim. ECF No.
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21. The court explained that plaintiff’s allegations of excessive force were insufficient to state a
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claim upon which relief could be granted. Id. On August 20, 2019, the district judge adopted
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those findings and recommendations and granted plaintiff leave to amend within thirty days. ECF
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No. 25. The order warned plaintiff that failure to file an amended complaint could result in the
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dismissal of this action. Id. The time for acting has passed and plaintiff has not filed
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an amended complaint.1 Thus, it appears that plaintiff is unable to cure the defects in his
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excessive force claim.
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Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
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objections shall be served and filed within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez
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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: September 30, 2019.
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Plaintiff did, however, request an “outline of [the] case” to assist him in preparing an
amended complaint. ECF Nos. 27, 28. The Clerk of the Court responded to plaintiff’s inquiry
with a form complaint for his use and information about the court’s copy procedures.
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