Opinion

(PC) Brown v. Pleshchuk

Court
District Court, E.D. California
Filed
Apr 8, 2020
Cited by
0 cases
Authority
More cited than 17.4%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 RONNIE CHEROKEE BROWN, No. 2:19-cv-00699-TLN-KJN

12 Plaintiff,

13 v. ORDER

14 R. PLESHCHUK, et al.,

15 Defendants.

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17 Plaintiff Ronnie Cherokee Brown (“Plaintiff”), a state prisoner proceeding pro se, has

18 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a

19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On March 17, 2020, the magistrate judge filed findings and recommendations which were

21 served on Plaintiff and which contained notice to Plaintiff that any objections to the findings and

22 recommendations were to be filed within fourteen days. (ECF No. 20.) On March 26, 2020,

23 Plaintiff filed Objections to the Findings and Recommendations. (ECF No. 21.)

24 This Court reviews de novo those portions of the proposed findings of fact to which

25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

27 to any portion of the proposed findings of fact to which no objection has been made, the Court

28 assumes its correctness and decides the motions on the applicable law. See Orand v. United

1 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

2 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

3 Having carefully reviewed the entire file under the applicable legal standards, the Court

4 finds the Findings and Recommendations to be supported by the record and by the magistrate

5 judge’s analysis.

6 In his Objections, Plaintiff seeks an extension of time to again amend his pleading to state

7 a retaliation claim against Defendants, and also objects that his due process claims should not be

8 dismissed. (ECF No. 21 at 2.) However, Plaintiff’s request for an extension of time is untimely

9 because his retaliation claims were first dismissed on June 11, 2019. (See ECF No. 7.) Further,

10 Plaintiff failed to provide a proposed amended complaint that demonstrates he is able to state

11 cognizable retaliation or due process claims against defendants. As a prisoner, Plaintiff’s

12 pleadings are subject to evaluation by this Court pursuant to the in forma pauperis statute. See 28

13 U.S.C. § 1915A. Since Plaintiff did not submit a proposed amended complaint, the Court is

14 unable to evaluate it.1 Therefore, Plaintiff’s objections are overruled.

15 Accordingly, IT IS HEREBY ORDERED that:

16 1. The Findings and Recommendations filed March 17, 2020 (ECF No. 20), are adopted

17 in full;

18 2. Plaintiff’s retaliation and due process claims (ECF No. 1) are DISMISSED, without

19 prejudice; and

20 3. This action proceeds on Plaintiff’s Eighth Amendment claims against Defendants Dr.

21 Pleschuk and Dr. Valencia (ECF No. 1).

22 IT IS SO ORDERED.

23 DATED: April 7, 2020

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27 1 The Court notes that, because the dismissal is without prejudice, Plaintiff may file a

motion to amend accompanied by his proposed amended complaint in compliance with Federal

28 Rule of Civil Procedure 15(a).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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