Cathey v. City of Vallejo, et al.

Filing 110

ORDER signed by District Judge John A. Mendez on 8/25/2016 ORDERING that the 109 findings and recommendations are ADOPTED in full. Defendants' 90 Motion for Summary Judgment is GRANTED as to the Montell claim and otherwise DENIED. Accordin gly, the City of Vallejo is DISMISSED from this lawsuit. Plaintiff's 91 cross-motion for partial summary judgment is DENIED. The previously scheduled pretrial and trial dates, having been vacated in light of these summary judgment motions, will be re-scheduled in due course. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAWN CATHEY,

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Plaintiff,

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No. 2:14-cv-1749 JAM AC (PS)

v.

ORDER

CITY OF VALLEJO, et al.,

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Defendants.

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Plaintiff, proceeding pro se and in forma pauperis, filed the above-entitled action. The

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matter was referred to a United States Magistrate Judge by Local Rule 302(c)(21).
On June 30, 2016, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within twenty-one days. ECF No. 109. Neither

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party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed June 30, 2016 (ECF No. 109), are adopted in

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full;
2. Defendants’ motion for summary judgment (ECF No. 90) is granted as to the Monell
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claim and otherwise DENIED. Accordingly, the City of Vallejo is dismissed from this lawsuit;

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3. Plaintiff’s cross-motion for partial summary judgment (ECF No. 91) is DENIED; and

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4. The previously scheduled pretrial and trial dates, having been vacated in light of these

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summary judgment motions (ECF No. 101), will be re-scheduled in due course.
DATED: August 25, 2016

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/s/ John A. Mendez________________________

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UNITED STATES DISTRICT COURT JUDGE

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