Winters, et al v. Jordan, et al
Filing
288
ORDER adopting 268 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 5/10/11. Dfts' 116 Motion to Dismiss is GRANTED IN PART; all claims against dfts Adult Protective Services, Kelly Carpenter and Tamaran Cook - except pltf Susan Winters equal protection claim (claim 7) - are DISMISSED with prejudice. All claims against Jeffrey S. Brown are DISMISSED with prejudice and Jeffrey S. Brown is DISMISSED from this action. (Manzer, C)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRENT ALLEN WINTERS, et al.,
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Plaintiff,
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No. CIV-S-09-0522-JAM-KJN-PS
vs.
DELORES JORDAN, et al.,
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Defendants.
__________________________________/
ORDER
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On March 14, 2011, the magistrate judge filed findings and recommendations (Dkt. No.
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268) herein which were served on the parties and which contained notice that any objections to
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the findings and recommendations were to be filed within fourteen days. Although plaintiffs
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filed untimely objections to the findings and recommendations on April 4, 2011 (Dkt. No. 276),
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the undersigned has considered the objections out of an abundance of caution.
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The court presumes that any findings of fact are correct. See Orand v. United States, 602
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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
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The court has reviewed the applicable legal standards and, good cause appearing,
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concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.
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Accordingly, IT IS ORDERED that:
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1. The Proposed Findings and Recommendations filed March 14, 2011, are ADOPTED;
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2. Defendants’ motion to dismiss the Third Amended Complaint (Dkt. No. 116) is
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granted in part as to the following named defendants: Adult Protective Services, Kelly Carpenter,
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Tamaran Cook, and Jeffrey S. Brown.
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3. All of plaintiffs’ claims alleged against defendants Adult Protective Services, Kelly
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Carpenter, and Tamaran Cook—except plaintiff Susan Winters’s equal protection claim (claim
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7)—are dismissed with prejudice.
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4. All of plaintiffs’ claims alleged against defendant Jeffrey S. Brown are dismissed with
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prejudice, and defendant Jeffrey S. Brown is dismissed from this action.
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DATED: May 10, 2011
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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE
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