Robinson v. San Joaquin County et al

Filing 24

ORDER signed by Chief Judge Morrison C. England, Jr. on 8/5/2013 ADOPTING 21 Findings and Recommendations; GRANTING, in part, 9 Motion to Dismiss; DISMISSING, with prejudice, Defendant Solis; DISMISSING all state law claims; ORDERING Defendant San Joaquin County to file an answer to the Title VII claim within 28 days. (Michel, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY W. ROBINSON,

12

Plaintiff,

13
14

No. 2:12-cv-2783 MCE GGH PS

v.

ORDER

COUNTY OF SAN JOAQUIN, et al.,

15

Defendants.

16
On May 30, 2013, the magistrate judge filed findings and recommendations herein which

17
18

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

19

recommendations were to be filed within fourteen days. No objections were filed.
Accordingly, the court presumes any findings of fact are correct. See Orand v. United

20
21

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

22

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

23

1983).

24
25
26
27
28

The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the Findings and Recommendations in full.
Accordingly, IT IS ORDERED that the Findings and Recommendations filed May 30,
2013, are ADOPTED and
1. Defendant’s motion to dismiss, filed April 3, 2012, (dkt. no. 9), is granted in part;
1

1

2. Defendant Solis is dismissed with prejudice from this action;

2

3. All state law claims are dismissed; and

3

4. Defendant County is ordered to file an answer to the Title VII claim within twenty-

4

eight days of this order.

5

Date: August 05, 2013

6

_____________________________________

7
8
9

___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2