Balthrope v. Sacramento County Department of Health and Human Services et al

Filing 58

ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by Judge Kimberly J. Mueller on 01/25/12 and ORDERING that the 13 07/14/11 Motion to Dismiss is GRANTED with prejudice; the 15 07/18/11 Motion to Dismiss is GRANTED with prejudice; defendants Sacramento Child Advocates, Rebekah Sass, Peter Helfer and Lisa Presley terminated. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARIEL BALTHROPE,

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Plaintiff,
vs.

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SACRAMENTO COUNTY OF
HEALTH AND HUMAN SERVICES,
et al.,
Defendants.

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ORDER
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No. CIV S-10-3003-KJM-JFM (PS)

Plaintiff, proceeding pro se, filed the above-entitled action. The matter was
referred to a United States Magistrate Judge as provided by Local Rule 72-302(c)(21).

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On December 8, 2011, the magistrate judge filed findings and recommendations,

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within fourteen days. Plaintiff has not filed

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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 8, 2011 are adopted in full;

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2. The July 14, 2011 motion to dismiss is granted with prejudice; and

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3. The July 18, 2011 motion to dismiss is granted with prejudice.

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DATED: January 25, 2012.

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UNITED STATES DISTRICT JUDGE

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