(PS) Bell III v. University of California Davis Medical Center et al

Filing 46

ORDER signed by Chief Judge Morrison C. England, Jr. on 6/7/2013 ADOPTING, in full, #41 Findings and Recommendations; GRANTING #31 Motion to Dismiss; DISMISSING, without leave to amend, Plaintiff's claims as to Title VII, wrongful termination, FMLA as to the Regents; GRANTING Plaintiff leave to amend the remaining claims. (Michel, G)

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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 11 WILLIAM BELL III, Plaintiff, 12 13 14 No. 2:11-cv-1864 MCE AC PS vs. UNIV. OF CAL. DAVIS MED. CTR., et al., 15 Defendants. ORDER 16 / 17 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was 18 referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). 19 On May 6, 2013, the Magistrate Judge filed findings and recommendations herein 20 which were served on the parties and which contained notice to the parties that any objections to 21 the findings and recommendations were to be filed within fourteen (14) days. No objections to 22 the findings and recommendations have been filed. 23 The Court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 1 1 1. The findings and recommendations filed May 6, 2013, are adopted in full 2 (ECF No. 29.); 3 2. Defendants’ motion to dismiss is granted; 4 3. The following claims are dismissed without leave to amend: Title VII, 5 wrongful termination, FMLA as to the Regents; and 6 4. Plaintiff is granted leave to amend the remaining claims. 7 IT IS SO ORDERED. 8 Date: June 07, 2013 9 _____________________________________ 10 11 ___________________________________________ MORRISON C. ENGLAND, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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