(PC) Villareal v. County of Fresno, No. 1:2015cv01410 - Document 98 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS, Recommending that Defendant County of Fresno's Motion to Dismiss be Denied as Moot 86 , signed by Magistrate Judge Erica P. Grosjean on 3/20/2018: 14-Day Deadline. (Hellings, J)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ELAINE K. VILLAREAL, 11 Plaintiff, 12 13 Case No. 1:15-cv-01410-DAD-EPG (PC) FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT DEFENDANT COUNTY OF FRESNO’S MOTION TO DISMISS BE DENIED AS MOOT v. COUNTY OF FRESNO and SHERIFF MARGARET MIMS, (ECF NO. 86) 14 Defendants. OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 15 16 17 18 19 Elaine Villareal (“Plaintiff”) is a state prisoner proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 5, 2018, defendant County of Fresno filed a motion to dismiss Plaintiff’s 20 original complaint. 21 Complaint. (ECF No. 91). As Plaintiff’s amended complaint supersedes the original complaint, 22 Lacey v. Maricopa County, 693 F 3d. 896, 907 n.1 (9th Cir. 2012) (en banc), defendant County of 23 Fresno’s motion to dismiss is moot. 24 25 (ECF No. 86). On March 12, 2018, Plaintiff filed a First Amended Accordingly, IT IS HEREBY RECOMMENDED that defendant County of Fresno’s motion to dismiss be DENIED as moot. 26 These findings and recommendations are submitted to the United States district judge 27 assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within fourteen 28 1 1 (14) days after being served with these findings and recommendations, any party may file written 2 objections with the court. Such a document should be captioned “Objections to Magistrate 3 Judge's Findings and Recommendations.” Any reply to the objections shall be served and filed 4 within seven (7) days after service of the objections. The parties are advised that failure to file 5 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 6 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 7 (9th Cir. 1991)). 8 9 10 IT IS SO ORDERED. Dated: March 20, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2