Gonzalez v. County of Merced et al

Filing 46

ORDER ADOPTING 43 Findings and Recommendations in Full, signed by Chief Judge Lawrence J. O'Neill on 6/28/17. Amended Complaint due by 7/14/2017. (Marrujo, C)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ASHLEY GONZALEZ,

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Plaintiff,

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1:16-cv-1682-LJO-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL (Doc.
43)

v.
COUNTY OF MERCED and GREGORY M.
RICH,
Defendants.

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The Court previously adopted in full the Magistrate Judge’s recommendation that the Court

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14 dismiss with leave to amend dismiss Plaintiff Ashley Gonazlez’s Monell claim against Defendant

15 County of Merced (“the County”). Plaintiff filed a first amended complaint (“the FAC”) in which she
16 again asserts a Monell claim against the County. The Magistrate Judge has again issued Findings and
17 Recommendations (“F&Rs”) in which he recommends granting the County’s motion to dismiss
18 Plaintiff’s Monell claim in the FAC, again with leave to amend. Plaintiff timely filed objections to the
19 F&Rs to which the County timely responded. Docs. 44, 45.
In accordance with 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708

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21 F.2d 452, 454 (9th Cir. 1983), the Court has conducted a de novo review of the record and finds that the
22 F&Rs are supported by proper analysis and the record. Accordingly, the Court ORDERS that:
1. The F&Rs (Doc. 43) are ADOPTED IN FULL;

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Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658 (1978).

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2. Plaintiff’s Monell claim is DISMISSED WITH LEAVE TO AMEND;

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3. Plaintiff shall have one final opportunity to amend the complaint; and

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4. Any amended complaint shall be filed by July 14, 2017.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

June 28, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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