Johnson v. Schmidt

Johnson v. Schmidt

Plaintiff:	R. Wayne Johnson
Defendant:	William L. Schmidt
Case Number:	1:2017cv01447
Filed:	October 26, 2017
Court:	US District Court for the Eastern District of California
Office:	Fresno Office
County:	Fresno
Presiding Judge:	Erica P. Grosjean
Presiding Judge:	Lawrence J. O'Neill
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
June 19, 2018	Filing 6 FINDINGS and RECOMMENDATIONS finding that the Complaint and First Amended Complaint fail to state any cognizable claim upon which relief may be granted. Accordingly, the Court recommends that this action be dismissed, with prejudice. Accordingly, t he Court HEREBY RECOMMENDS that: 1) Pursuant to 28 U.S.C. §1915(e)(2)(B)(ii), this action be DISMISSED, with prejudice, based on Plaintiff's failure to state a claim upon which relief may be granted; and 2) The Clerk of Court be directed t o close this case. Matter referred to Chief Judge Lawrence J. O'Neill, with objections to the findings and recommendations due within twenty-one (21) days after service of this order. Order signed by Magistrate Judge Erica P. Grosjean on 6/18/2018. (Rooney, M)
January 30, 2018	Filing 4 ORDER directing Plaintiff as follows: 1) Plaintiff may file a First Amended Complaint curing the deficiencies identified by the Court in this order if he believes additional true factual allegations would state a claim, within thirty (30) days from t he date of service of this order; 2) If Plaintiff chooses to file an amended complaint, Plaintiff shall caption the amended complaint First Amended Complaint and refer to the case number 1:17-cv-01447-LJO-EPG; 3) Alternatively, within thirty (30) day s from the date of service of this order, Plaintiff may notify the Court that he wishes to stand on his original complaint, subject to this Court issuing findings and recommendations to the assigned district court judge recommending that the case be dismissed for failure to state a claim; and 4) If Plaintiff fails to file an amended complaint or notify the Court that he wishes to stand on this complaint within thirty (30) days from the date of service of this order, the Court will issue findings and recommendations to the assigned district court judge recommending that Plaintiff's case be dismissed for failure to state a claim and failure to comply with a Court order. Order signed by Magistrate Judge Erica P. Grosjean on 1/30/2018. (Rooney, M)

Date Filed

Document Text

June 19, 2018

Filing 6 FINDINGS and RECOMMENDATIONS finding that the Complaint and First Amended Complaint fail to state any cognizable claim upon which relief may be granted. Accordingly, the Court recommends that this action be dismissed, with prejudice. Accordingly, t he Court HEREBY RECOMMENDS that: 1) Pursuant to 28 U.S.C. §1915(e)(2)(B)(ii), this action be DISMISSED, with prejudice, based on Plaintiff's failure to state a claim upon which relief may be granted; and 2) The Clerk of Court be directed t o close this case. Matter referred to Chief Judge Lawrence J. O'Neill, with objections to the findings and recommendations due within twenty-one (21) days after service of this order. Order signed by Magistrate Judge Erica P. Grosjean on 6/18/2018. (Rooney, M)

January 30, 2018

Filing 4 ORDER directing Plaintiff as follows: 1) Plaintiff may file a First Amended Complaint curing the deficiencies identified by the Court in this order if he believes additional true factual allegations would state a claim, within thirty (30) days from t he date of service of this order; 2) If Plaintiff chooses to file an amended complaint, Plaintiff shall caption the amended complaint First Amended Complaint and refer to the case number 1:17-cv-01447-LJO-EPG; 3) Alternatively, within thirty (30) day s from the date of service of this order, Plaintiff may notify the Court that he wishes to stand on his original complaint, subject to this Court issuing findings and recommendations to the assigned district court judge recommending that the case be dismissed for failure to state a claim; and 4) If Plaintiff fails to file an amended complaint or notify the Court that he wishes to stand on this complaint within thirty (30) days from the date of service of this order, the Court will issue findings and recommendations to the assigned district court judge recommending that Plaintiff's case be dismissed for failure to state a claim and failure to comply with a Court order. Order signed by Magistrate Judge Erica P. Grosjean on 1/30/2018. (Rooney, M)

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Plaintiff: R. Wayne Johnson
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Defendant: William L. Schmidt
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