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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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.

ORDER DENYING MOTION FOR
RECONSIDERATION
(ECF No. 12)

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

KELLY RIPA,
Defendant.

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Tonya D. Engelbrecht (“Plaintiff”) filed a motion for reconsideration, ECF No. 12, of this

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Court's August 17, 2018 Order adopting, ECF No. 10, findings and recommendations (F&Rs)

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recommending dismissal of all but Plaintiff’s breach of contract claim. See ECF No. 8. Nothing in

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the motion for reconsideration warrants a different outcome. As the F&Rs explained, there is no

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private right of action for a claim of “torture” under the California Penal Code. Likewise, the

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F&Rs explained that Plaintiff failed to state a claim for defamation with sufficient specificity

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after having been given an opportunity to amend. She no more specifies the nature of this claim in

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her motion for reconsideration. The motion for reconsideration is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 13, 2018

UNITED STATES CHIEF DISTRICT JUDGE
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