Edward Plummer, Jr v. County of Los Angeles

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EDWARD PLUMMER, JR., Case No. 2:20-cv-04568-SB-AGR

Plaintiff,

v. ORDER ADOPTING, AS

MODIFIED, FINDINGS,

COUNTY OF LOS ANGELES et al., CONCLUSIONS, AND

RECOMMENDATIONS OF U.S.

Defendants. MAGISTRATE JUDGE [DKT. NO. 92]

The U.S. Magistrate Judge has issued a report recommending that this Court find that Plaintiff Edward Plummer, Jr.’s First Amendment retaliation claim under 42 U.S.C. § 1983 against Defendant Angelica Melgar is time barred. Plaintiff objects, arguing for the first time that he previously had filed an administrative claim with the government in state court that equitably tolled the running of the statute of limitations. Dkt. No. 94 at 10; Dkt. No. 23-1 at 12-15. Pursuant to 28 U.S.C. § 636, the Court has reviewed all relevant records in this case, including the Second Amended Complaint, the parties’ summary judgment papers, the Report and Recommendation (R&R), the objections, and the reply. The Court has

1 Plaintiff also contends that the magistrate judge improperly credited Defendant’s “statements relative to the dates and times…