McCain v. California Highway Patrol et al
Filing
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ORDER adopting 52 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 12/9/11. Defendants Mike's Towing Service, Inc., and Michael Olivarez's 7 , 16 Motion to Dismiss is GRANTED in PART and DENIED in PART. (Kastilahn, 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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TERRYLYN MCCAIN,
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Plaintiffs
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No. CIV-S-11-1265-KJM-KJN-PS
v.
CALIFORNIA HIGHWAY PATROL,
et al.,
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Defendants.
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ORDER
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On August 26, 2011, the magistrate judge filed findings and recommendations
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(ECF No. 52), which were served on the parties and which contained notice that any objections
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to the findings and recommendations were to be filed within fourteen days. On September 12,
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2011, plaintiff filed objections to the proposed findings and recommendations (ECF No. 53),
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which the court has considered. On September 19, 2011, defendants Mike’s Towing Service,
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Inc. and Michael Olivarez filed a response to plaintiff’s objections (ECF No. 59), which the
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court also has considered.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304, the court has conducted a de novo review of this case. Having carefully reviewed the file,
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the court finds the findings and recommendations to be supported by the record and by the
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Findings and Recommendations filed August 26, 2011, are ADOPTED.
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2. The motion to dismiss plaintiff’s complaint filed by defendants Mike’s Towing
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Service, Inc. and Michael Olivarez (see ECF Nos. 7, 16) is granted in part and denied in part.
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3. Plaintiff’s claims for relief alleged against defendants Mike’s Towing Service,
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Inc. and Michael Olivarez are dismissed with prejudice to the extent that they are premised on
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plaintiff’s “right to travel.”
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4. The motion to dismiss filed by defendants Mike’s Towing Service, Inc. and
Michael Olivarez is denied in all other respects.
DATED: December 9, 2011.
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UNITED STATES DISTRICT JUDGE
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/mcca1265.52.jo
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