Elkins et al v. California Highway Patrol et al

Filing 65

ORDER Adopting 64 FINDINGS AND RECOMMENDATIONS, signed by District Judge Anthony W. Ishii on 3/19/2015. (It is HEREBY ORDERED that: 1. The March 4, 2015 findings and recommendations is ADOPTED IN FULL; 2. Defendants 54 motion to dismiss is GRAN TED; 3. Plaintiffs second amended complaint is DISMISSED, with leave to amend; 4. Plaintiff shall file a third amended complaint within fourteen (14) days of the date of service of this order; and 5. Failure to file an amended complaint in compliance with this order will result in dismissal of this action.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF CECIL ELKINS, JR., et
al.,

Case No. 1:13-cv-01483-AWI-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

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Plaintiffs,
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v.

(ECF Nos. 54, 61, 62, 64)

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CALIFORNIA HIGHWAY PATROL, et al.,

FOURTEEN DAY DEADLINE

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Defendants.
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On March 4, 2015, the magistrate judge assigned to this action issued a findings and
recommendations recommending that Defendant’s motion to dismiss be granted. (ECF No. 64.)
The findings and recommendations contained notice that any objections were to be filed within
fourteen days. More than fourteen days have passed and no objections to the findings and
recommendations have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the
findings and recommendations are supported by the record and by proper analysis.
Accordingly, it is HEREBY ORDERED that:
1.

The March 4, 2015 findings and recommendations is ADOPTED IN FULL (ECF
No. 64);

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2.

Defendant’s motion to dismiss is GRANTED (ECF No. 54);

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3.

Plaintiff’s second amended complaint is DISMISSED, with leave to amend;

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4.

Plaintiff shall file a third amended complaint within fourteen (14) days of the date
of service of this order; and

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5.

Failure to file an amended complaint in compliance with this order will result in
dismissal of this action.

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IT IS SO ORDERED.

9 Dated: March 20, 2015

SENIOR DISTRICT JUDGE

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