(PC) Chavez v. Yates et al, No. 1:2009cv01080 - Document 64 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action, With Prejudice, as Barred by Statute of Limitations 53 , 58 , signed by Magistrate Judge Sheila K. Oberto on 6/21/14: Objections Due Within Fifteen Days. (Hellings, J)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL CHAVEZ, Plaintiff, 11 12 13 v. Case No. 1:09-cv-01080-AWI-SKO (PC) FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, AS BARRED BY STATUTE OF LIMITATIONS JAMES YATES, et al., (Docs. 53 and 58) 14 Defendants. OBJECTIONS DUE WITHIN FIFTEEN DAYS 15 _____________________________________/ 16 17 Plaintiff Michael Chavez, a state prisoner proceeding pro se and in forma pauperis, filed 18 this civil rights action pursuant to 42 U.S.C. § 1983 on June 19, 2009. This action is proceeding 19 on Plaintiff’s amended complaint, filed on January 25, 2010, against Defendants Ehrman, 20 Igbinosa, Kushner, Diep, Hayden, Ahlin, Pineda, and Yates for violation of Plaintiff’s right to 21 medical care under the Eighth Amendment of the United States Constitution. (Docs. 9, 27, 29.) 22 On March 6, 2014, the Court granted, in relevant part, Defendants’ motion to dismiss 23 Plaintiff’s Eighth Amendment claims as barred by the statute of limitations and provided Plaintiff 24 thirty days within which to file a second amended complaint clarifying the bases for his claims 25 against Defendants Ehrman, Igbinosa, Kushner, Diep, Hayden, Ahlin, Pineda, and Yates. Fed. R. 26 Civ. P. 12(b)(6). (Docs. 48, 53.) On March 24, 2014, the Court granted Plaintiff a sixty-day 27 extension of time. (Doc. 58.) More than sixty days have passed and Plaintiff has not filed a 28 second amended complaint curing the deficiencies in his first amended complaint. 1 Accordingly, based on Plaintiff’s failure to cure the deficiencies identified in his first 2 amended complaint with respect to the statute of limitations, the undersigned HEREBY 3 RECOMMENDS that this action be dismissed, with prejudice, as barred by the statute of 4 limitations. 5 These Findings and Recommendations will be submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 7 fifteen (15) days after being served with these Findings and Recommendations, Plaintiff may file 8 written objections with the Court. The document should be captioned “Objections to Magistrate 9 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 10 the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 11 F.2d 1153 (9th Cir. 1991). 12 13 14 IT IS SO ORDERED. Dated: June 21, 2014 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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