Whitsitt v. Hedy Holmes Staffing Services et al

Filing 36

ORDER signed by Chief Judge Morrison C. England, Jr. on 12/4/2014 ORDERING that the 33 Findings and Recommendations are ADOPTED in full. WorkNet's 16 motion to dismiss is GRANTED as follows: Plaintiff's claim(s) against defendant Mark Sansone under the ADEA are DISMISSED with prejudice; Plaintiff's claims against WorkNet and non-ADEA claims against Sansone are DISMISSED with leave to amend. Plaintiff's claim(s) under the ADEA against "Kathleen" are DISMISSED sua sponte pursuant to 28 U.S.C. 1915(e), with prejudice. Plaintiff's remaining claims against the non-moving defendants are DISMISSED sua sponte pursuant to 28 U.S.C. 1915(e), with leave to amend. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM J WHITSITT,

12

Plaintiff,

13
14
15

v.

Defendants.

17

19
20
21
22
23
24
25
26
27
28

ORDER

HEDY HOLMES STAFFING SERVS., et
al.,

16

18

No. 2:13-cv-0117 MCE AC

Plaintiff is proceeding in this action in pro per. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c)(21).
On October 7, 2014, the magistrate judge filed findings and recommendations herein
which were served on all parties and which contained notice to all parties that any objections to
the findings and recommendations were to be filed within fourteen days. ECF No. 33. Plaintiff
has filed objections to the findings and recommendations. ECF No. 34. Defendants San Joaquin
County WorkNet and Mike Sansone have also filed an opposition to plaintiff’s objections. ECF
No. 35.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
court finds the findings and recommendations to be supported by the record and by proper
1

1

analysis.

2

Accordingly, IT IS HEREBY ORDERED that:

3

1. The findings and recommendations filed October 7, 2014, are adopted in full; and

4

2. WorkNet’s June 30, 2014, motion to dismiss (ECF No. 16) is granted as follows:

5

a. Plaintiff’s claim(s) against defendant Mark Sansone under the ADEA are

6

dismissed with prejudice;

7

b. Plaintiff’s claims against WorkNet and non-ADEA claims against Sansone are

8

dismissed with leave to amend;

9

3. Plaintiff’s claim(s) under the ADEA against “Kathleen” are dismissed sua sponte

10

pursuant to 28 U.S.C. 1915(e), with prejudice; and

11

4. Plaintiff’s remaining claims against the non-moving defendants are dismissed sua

12

sponte pursuant to 28 U.S.C. 1915(e), with leave to amend.

13
14

Dated: December 4, 2014

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2