(PS) Raley v. Williams et al, No. 2:2014cv02652 - Document 20 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 12/18/2018 ADOPTED in PART and REJECTED in PART the Findings and Recommendations 17 ; Defendants' 8 motion to dismiss is GRANTED; Plaintiff's due process and equal protection claims are DISMISSED with prejudice; Plaintiff's excessive fine and state law claims are DISMISSED without prejudice; and Plaintiff has 20 days to file an amended complaint on the claims not subject to dismissal with prejudice; Defendants shall file their responsive pleading to the amended complaint within 20 days thereafter.(Reader, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN RALEY, 14 15 2:14-cv-02652-JAM-DMC Plaintiff, 12 13 No. v. ORDER BOB WILLIAMS, et al., Defendants. 16 17 Plaintiff is proceeding without counsel with an action under 18 42 U.S.C. § 1983 and state law. 19 United States Magistrate Judge pursuant to Eastern District of 20 California local rules. 21 The matter was referred to a On August 23, 2018, the Magistrate Judge filed findings and 22 recommendations herein which were served on the parties and which 23 contained notice that the parties may file objections within the 24 time specified therein. 25 recommendations have been filed. 26 Timely objections to the findings and In accordance with the provisions of 28 U.S.C. 27 § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de 28 novo review of this case. The Court adopts in part and modifies 1 1 in part the findings and recommendations as to Defendants’ motion 2 for attorney’s fees. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 The findings and recommendations filed August 23, 2018, are adopted in part and rejected in part; 6 2. Defendants’ motion to dismiss (ECF No. 8) is granted; 7 3. Plaintiff’s due process and equal protection claims are 8 9 10 11 12 13 14 15 16 dismissed with prejudice; 4. Plaintiff’s excessive fine and state law claims are dismissed without prejudice; and 5. Plaintiff has twenty (20) days to file an amended complaint on the claims not subject to dismissal with prejudice. 6. Defendants shall file their responsive pleading to any amended complaint within twenty (20) days thereafter. IT IS SO ORDERED. Dated: December 18, 2018. 17 18 19 20 21 22 23 24 25 26 27 28 2