Fred v. Washoe Tribe

Filing 28

ORDER adopting 26 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 8/12/11: 14 Motion to Dismiss is granted in part and denied in part. Plaintiff's complaint is dismissed, but plaintiff may file an amended complaint within 28 days. (Kaminski, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RHONDA WHITEROCK FRED, 11 12 13 Plaintiff, CIV. NO. S-10-0845 JAM GGH PS vs. WASHOE TRIBE OF NEVADA & CALIFORNIA, 14 Defendants. ORDER 15 / 16 Plaintiff is proceeding pro se in this action, which was referred to the undersigned 17 pursuant to Local Rule 302(c)(21). 18 On June 9, 2011, the magistrate judge filed findings and recommendations herein 19 which were served on all parties and which contained notice to all parties that any objections to 20 the findings and recommendations were to be filed within fourteen days. Defendants have filed 21 objections to the findings and recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 23 304, this court has conducted a de novo review of this case. Having carefully reviewed the 24 entire file, the court finds the findings and recommendations to be supported by the record and by 25 proper analysis. 26 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 9, 2011, are adopted in full; 3 2. Defendant’s motion to dismiss (Doc. 14) is denied on the grounds of lack of 4 subject matter jurisdiction and exhaustion of tribal remedies, but is granted with leave to amend 5 for failure to state a claim. Any ruling on sovereign immunity is deferred. 6 3. Plaintiff’s complaint is dismissed, but plaintiff may file an amended complaint 7 within 28 days. Failure to file an amended complaint will result in this action being dismissed. 8 DATED: August 12, 2011 9 10 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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