Engelbrecht v. Ripa

Filing 13

ORDER DENYING 12 Motion for Reconsideration, signed by Chief Judge Lawrence J. O'Neill on 9/13/18. (Martin-Gill, S)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 TONYA D. ENGELBRECHT, 8 9 Plaintiff, v. ORDER DENYING MOTION FOR RECONSIDERATION (ECF No. 12) 10 11 Case No. 1:17-cv-01339-LJO-EPG KELLY RIPA, Defendant. 12 13 14 15 Tonya D. Engelbrecht (“Plaintiff”) filed a motion for reconsideration, ECF No. 12, of this 16 Court's August 17, 2018 Order adopting, ECF No. 10, findings and recommendations (F&Rs) 17 recommending dismissal of all but Plaintiff’s breach of contract claim. See ECF No. 8. Nothing in 18 the motion for reconsideration warrants a different outcome. As the F&Rs explained, there is no 19 private right of action for a claim of “torture” under the California Penal Code. Likewise, the 20 F&Rs explained that Plaintiff failed to state a claim for defamation with sufficient specificity 21 after having been given an opportunity to amend. She no more specifies the nature of this claim in 22 her motion for reconsideration. The motion for reconsideration is DENIED. 23 24 25 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ September 13, 2018 UNITED STATES CHIEF DISTRICT JUDGE 26 27 28 1

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