Eric Jerome Phillips Jr. v. County of Riverside et al, No. 5:2019cv01518 - Document 58 (C.D. Cal. 2020)
Court Description: MEMORANDUM DECISION AND ORDER REGARDING SECOND AMENDED COMPLAINT by Magistrate Judge Maria A. Audero. For the reasons stated below, the SAC is DISMISSED WITH LEAVE TO AMEND. Plaintiff is ORDERED to, within thirty days after the date of this Order, either: (1) file a Third Amended Complaint ("TAC"); or (2) advise the Court that Plaintiff does not intend to pursue this lawsuit further and will not file a TAC. (See document for details.) (Attachments: # 1 Attach.1, # 2 Attach.2, # 3 Attach.3) (es)
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Eric Jerome Phillips Jr. v. County of Riverside et al Doc. 58 Att. 1 Case 5:19-cv-01518-VAP-MAA Document 42-1 Filed 04/16/20 Page 1 of 2 Page ID #:830 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ERIC JEROME PHILLIPS JR., 12 13 14 Plaintiff, v. COUNTY OF RIVERSIDE et al., 15 Case No. 5:19-cv-01518-VAP (MAA) PLAINTIFF’S NOTICE OF AMENDMENT OF SECOND AMENDED COMPLAINT Defendants. 16 17 Pursuant to Federal Rule of Civil Procedure 15(a)(1), Plaintiff Eric Jerome 18 Phillips, Jr. hereby amends his Second Amended Complaint (“SAC”) by dismissing 19 the following Defendants and claims: (a) the class action claims; (b) Defendant 20 Riverside County in its individual capacity; (c) Defendant Riverside County 21 Sheriff’s Department in its individual capacity; (d) Defendant Chad Bianco in all 22 capacities; (e) Defendant Stanley Sniff in all capacities; (f) Claim 4 – First and 23 Fourteenth Amendment right to access courts; (g) Claim 5 – Sixth Amendment 24 effective assistance of counsel; and (h) Claim 6 – Fourteenth Amendment 25 substantive due process (labeled Eighth Amendment cruel and unusual 26 punishment). 27 28 Plaintiff understands that, by dismissing the above-listed Defendants and claims, his amended SAC will state and proceed only on Plaintiff’s individual Dockets.Justia.com Case 5:19-cv-01518-VAP-MAA Document 42-1 Filed 04/16/20 Page 2 of 2 Page ID #:831 1 rights under Claims 1–3 (First Amendment Free Exercise Clause, Fourteenth 2 Amendment Equal Protection Clause, and RLUIPA) against Defendants Riverside 3 County and RCSD in their official capacities. 4 5 6 7 Date Signature 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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