(PS) Flattum v. State of California Department of Consumer Affairs et al, No. 2:2011cv02711 - Document 45 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/6/2016 RECOMMENDING that Defendant Bowers be dismissed from this action and this action be closed. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)

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(PS) Flattum v. State of California Department of Consumer Affairs et al Doc. 45 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GORDON H. FLATTUM, 12 13 14 15 16 No. 2:11-cv-2711 KJM GGH PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, et. al., Defendants. 17 18 Plaintiff is proceeding in this action pro se and in forma pauperis. By order of April 23, 19 2014, the district court adopted this court’s findings and recommendations with limited 20 modifications and ordered defendant Bowers to answer the second amended complaint. All other 21 defendants were dismissed. Bowers filed an appeal, and the Ninth Circuit Court of Appeals on 22 June 22, 2016 reversed and remanded, holding that defendant Bowers was entitled to absolute 23 immunity in signing and publishing a Statement of Issues, and with respect to additional 24 allegations that plaintiff had failed to “allege facts as to Bowers sufficient to state any plausible 25 claims.” (ECF No. 44 at 2.) 26 Accordingly, IT IS RECOMMENDED that: 27 1. Defendant Bowers be dismissed from this action; and 28 2. This action be closed. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 3 (14) days after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 6 shall be served and filed within seven (7) days after service of the objections. The parties are 7 advised that failure to file objections within the specified time may waive the right to appeal the 8 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: July 6, 2016 10 /s/ Gregory G. Hollows 11 UNITED STATES MAGISTRATE JUDGE 12 13 GGH:076:flat2711.rem 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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