Engelbrecht v. Ripa

Filing 10

ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 08/17/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONYA D. ENGELBRECHT,

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Plaintiff,
v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 7, 8)

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Case No. 1:17-cv-01339-LJO-EPG

KELLY RIPA,
Defendant.

Tonya D. Engelbrecht (“Plaintiff”) is proceeding pro se and in forma pauperis in this action.

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On October 5, 2017, Plaintiff commenced this action by filing a Complaint alleging claims of
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torture, defamation, breach of contract, and violation of the California Welfare and Institution Code
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against Kelly Ripa (“Defendant”), owner of Milojo Productions. (ECF No. 1). The matter was

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referred to United States Magistrate Judge Erica P. Grosjean pursuant to 28 U.S.C. § 636(b)(1)(B)
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and Local Rule 302.
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On January 30, 2018, the Magistrate Judge found that the Complaint failed to state any
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cognizable claims, and granted Plaintiff leave to file an amended complaint. (ECF No. 6). On
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February 28, 2018, Plaintiff filed a First Amended Complaint (“FAC”). (ECF No. 7). On July 16,

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2018, the Magistrate Judge screened the FAC, and issued findings and recommendations that all
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claims in this action should be dismissed, except Plaintiff’s claim for breach of contract against

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Defendant. (ECF No. 8). Plaintiff was served with the findings and recommendations, which
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contained a notice that any objections thereto must be filed within twenty-one days (21) days from
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the date of service.

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On August 8, 2018, Plaintiff filed objections to the findings and recommendations,

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maintaining that (1) the Magistrate Judge did not have authority to issue findings and

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recommendations; (2) she was tortured in violation of 18 U.S.C. § 2340(2); (3) she was abused in

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violation of California Welfare and Institutions Code § 15657; and (4) the court has feloniously

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published her personal financial information, driver’s license, and social security number. (ECF

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No. 9). As to the first three objections, the Magistrate Judge’s role in this case is authorized by

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statute, and the reasoning of the F&Rs regarding Plaintiff’s claims is sound. As to the final

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objection, the Court cannot identify any place in the record where the Court published Plaintiff’s

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driver’s license or social security numbers. Plaintiff herself filed a document containing a copy of

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a personal check and bearing some financial account information. (ECF No. 4.) Pursuant to Local

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Rule 140(a), personal information of this nature must be redacted by the filing party, see Local Rule

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140(e). However, as a courtesy to Plaintiff, this personal information has now been redacted from

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the copy of that record maintained in the electronic case file.

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

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de novo review of the case. Having carefully reviewed the entire file, the Court finds that the

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findings and recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations dated July 16, 2018, (ECF No. 8), are

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ADOPTED; and
2. All claims in this action, except Plaintiff’s claim for breach of contract against

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Kelly Ripa, are hereby dismissed.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 17, 2018

UNITED STATES CHIEF DISTRICT JUDGE
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