DOLLY M. GEE, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the original Complaint, the currently operative First Amended Complaint, all documents filed in support of and in opposition to the motion of Defendant Riverside Community College [District] ("RCC") for judgment on the pleadings ("Defendant's Motion"), and all of the records herein, including the June 13, 2019 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation" or "R&R"), and Plaintiff's objections to the Report and Recommendation ("Objections" or "Obj."). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court agrees with, and approves and accepts the Report and Recommendation, and overrules all of the Objections. The Court more specifically addresses some of the Objections below.
First, the Objections largely mischaracterize the Report and Recommendation, the facts, and the governing law, and essentially reassert mostly the same rambling, conclusory, and at times unintelligible, arguments Plaintiff previously raised, and which the Report and Recommendation properly concludes have no merit.
Second, Plaintiff's objection that he was not afforded a meaningful opportunity to comply with the September 14, 2018 Case Management and Scheduling Order ("Scheduling Order") is predicated on a distortion of the record and an incorrect conflation of the three current Doe Defendants referenced in the operative First Amended Complaint ("Current Doe Defendants") with Plaintiff's four proposed new defendants ("Proposed New Defendants"), only the latter of whom are the subject of Plaintiff's November 1, 2018 request to amend.
Third, Plaintiff's suggestion that the Court should somehow have divined that he was requesting leave to file a second amended complaint suing Drs. Isaac and Hendrick for a "failure to train" based upon his conclusory non-specific allegation that they should "assume liability for their actions and non-actions[]" (Opp. at 2-3; Obj at 5) is simply incorrect. While pro se complaints are to be construed liberally and should not be dismissed if they state a claim under any legal theory — even if the Plaintiff erroneously relies on a different legal theory (
Finally, to the extent Plaintiff otherwise asserts new arguments for the first time in his Objections, the Court exercises its discretion to decline to consider them.
IT IS THEREFORE ORDERED: (1) this action is dismissed without prejudice as against the Current Doe Defendants (John Doe No. 1, Jane Doe No. 1, and Jane Doe No. 2); (2) Defendant's Motion is granted to the extent it seeks judgment on the pleadings in favor of RCC on Plaintiff's sole federal claim, i.e., his first claim which arises under 42 U.S.C. § 1983; (3) the Court declines to exercises supplemental jurisdiction over Plaintiff's remaining state law claim against RCC, i.e., his second claim which alleges the intentional infliction of emotional distress; (4) leave to further amend is denied; and (5) the Clerk shall enter Judgment accordingly.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment on Plaintiff and counsel for Defendant RCC (the only defendant who has appeared in this action).
IT IS SO ORDERED.