Colter

(PC) Florence v. Colter

Good Law
United States District Court, Eastern District of CaliforniaSeptember 18, 20202:11-cv-03119California2,685 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID FLORENCE, No. 2:11-cv-3119 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS A.W. NANGALAMA, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On August 21, 2020, the Court of Appeals for the Ninth Circuit remanded this action for further proceedings on the claims dismissed by the assigned magistrate judge in the April 3, 2013 screening order in light of Williams v. King, 875 F.3d 500, 502-03 (9th Cir. 2017). (ECF No. 174.) The mandate issued on September 14, 2020. As discussed in the April 3, 2013 screening order, plaintiff raised 14 claims in his third amended complaint. (ECF No. 19.) Claims two, three, four, five, seven, eight, nine, ten, eleven, thirteen, and fourteen were found cognizable and service of process was ordered. Claims one, six and twelve were screened out, and as discussed below, should be dismissed without leave to further amend.

Following resolution…

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