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Hughes v. Bruner

United States District Court, E.D. California

March 12, 2014

BERNARD C. HUGHES, Plaintiff,
v.
ROBERT BRUNER, et al., Defendants.

FINDINGS AND RECOMMENDATION RECOMMENDING DISMISSAL OF THIRD AMENDED COMPLAINT, WITHOUT LEAVE TO AMEND, FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF [ECF No. 33]

STANLEY A. BOONE, Magistrate Judge.

Plaintiff Bernard C. Hughes is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. ยง 1983.

Now pending before the Court is Plaintiff's third amended complaint, filed on March 10, 2014. (ECF No. 33.)

I.

PROCEDUAL BACKGROUND

Plaintiff filed the instant action on January 21, 2011. On April 22, 2011, the Court dismissed the complaint with leave to amend for failure to state a cognizable claim. On May 12, 2011, Plaintiff filed a first amended complaint. On July 18, 2012, the Court issued Findings and Recommendation to dismiss the action, with prejudice, for failure to state a cognizable claim. Plaintiff filed objections to the Findings and Recommendation on August 31, 2012.

On November 14, 2012, the Court vacated the Findings and Recommendation to dismiss the first amended complaint and granted Plaintiff an additional opportunity to file a second amended complaint.

After Plaintiff failed to file a timely amended complaint, Findings and Recommendations were issued on December 17, 2012. However, on this same date, Plaintiff filed a motion to amend, and a second amended complaint was filed on December 26, 2012.

On January 9, 2013, the Court granted Plaintiff's motion to amend the complaint and vacated the Findings and Recommendations previously issued December 17, 2012.

On December 24, 2013, the Court issued Findings and Recommendation to dismiss the second amended complaint without leave to amend for failure to state a cognizable claim.

Plaintiff filed objections to the Findings and Recommendation on January 23, 2014. On February 5, 2014, the Court vacated the Findings and Recommendation reasoning, in pertinent part, as follows:

In light of the additional allegations set forth in Plaintiff's objections, and in the interest of justice, the undersigned will vacate the Findings and Recommendation and grant Plaintiff one additional opportunity to file a third amended complaint. Plaintiff is advised that in the future, the Court will consider only the factual allegations made in the complaint so he is encouraged to state completely his claim in his Third Amended Complaint or his claims will be subject to dismissal.

(ECF No. 32, at 2:1-5) ...


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