Estate of Stephen E. Crawley et al v. Kings County et al

Filing 28

ORDER Adopting 27 FINDINGS AND RECOMMENDATIONS and PARTIALLY GRANTING Defendants' 18 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 6/19/2014. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ESTATE OF STEPHEN E. CRAWLEY, et
al.,

Case No. 1:13-cv-02042-LJO-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND PARTIALLY
GRANTING DEFENDANTS’ MOTION TO
DISMISS

12
Plaintiffs,
13
v.
14
KINGS COUNTY, et al.,

ECF NO. 18, 27

15
Defendants.
16
17
18

On April 3, 2014, Defendants filed a motion to dismiss. (ECF No. 18.) On May 23,

19 2014, the magistrate judge assigned to this action issued a Findings and Recommendations
20 recommending that Defendants’ motion to dismiss be partially granted. (ECF No. 27.)
21

The Findings and Recommendations contained notice that any objections were to be filed

22 within fourteen (14) days.

To date, no party has filed objections to the Findings and

23 Recommendations.
24

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

25 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
26 Findings and Recommendations are supported by the record and by proper analysis.
27 / / /
28 / / /

1

1

Accordingly, it is HEREBY ORDERED that:

2

1.

The May 23, 2014 Findings and Recommendations are ADOPTED IN FULL;

3

2.

Defendants’ motions to dismiss is PARTIALLY GRANTED;
a.

4

Plaintiffs’ claims brought on behalf of the Estate of Stephen Crawley are
DISMISSED with leave to amend;

5
6

b.

Plaintiffs’ battery claim against Defendant McRae is DISMISSED;

7

c.

Plaintiffs’ claims against Defendant Robinson are DISMISSED;

8

d.

Plaintiffs’ official capacity claims against Defendants McRae and
Barsteceanu are DISMISSED; and

9
e.

10

Defendants’ motion to dismiss is DENIED in all other respects

11
12
13

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

June 19, 2014

UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2