Osemwingie

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BARKER, No. 2:16-cv-3008 JAM CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS OSEMWINGIE, et al., Defendants. 16 Plaintiff is a California prisoner proceeding with counsel. Judgment was entered on March 19, 2020 and plaintiff appealed. On November 29, 2021, the Ninth Circuit affirmed the entry of judgment except the court vacated the dismissal of plaintiff’s claims arising under the Title II of the Americans with Disabilities Act (42 U.S.C. § 12131 et seq.) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) for damages. While the Ninth Circuit agreed that plaintiff did not state a claim under the ADA or the RA in his second amended complaint, the Ninth Circuit found that the court should have offered plaintiff leave to amend and directed that the court do so upon remand. Plaintiff was granted leave to amend on March 4, 2022, pursuant to the terms of the Ninth Circuit’s November…