Gillam et al v. City of Vallejo, et al

Filing 45

ORDER adopting 40 FINDINGS AND RECOMMENDATIONS signed by District Judge Kimberly J. Mueller on 7/27/16: MOTION for summary judgment (ECF No. 34) is GRANTED IN PART and DENIED IN PART. CROSS-MOTION for summary judgment (ECF No. 38) is DENIED. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

MARVIN GILLAM & PAMALA
GILLAM,
Plaintiffs,

13

ORDER
v.

14
15

No. 2:14-cv-2217-KJM-KJN PS

CITY OF VALLEJO, et al.,

16

Defendants.

17
On May 27, 2016, the magistrate judge filed findings and recommendations (ECF No. 40),

18
19

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

20

and recommendations were to be filed within fourteen (14) days. No objections were filed.

21

The court presumes that any findings of fact are correct. See Orand v. United States, 602

22

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

23

See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

24

the file, the court finds the findings and recommendations on the merits of defendant’s summary

25

judgement motion to be supported by the record and by the proper analysis.

26

/////

27

/////

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations on the merits (ECF No. 40) are ADOPTED IN

3

FULL.

4
5

2. Defendants’ motion for summary judgment (ECF No. 34) is GRANTED IN PART and
DENIED IN PART.

6

3. Plaintiffs’ cross-motion for summary judgment (ECF No. 38) is DENIED.

7

4. Summary judgment is granted in favor of the City of Vallejo as to plaintiffs’ Monell

8
9

claim.
5. Summary judgment is denied as to plaintiff Marvin Gillam’s 42 U.S.C. § 1983 claim

10

against defendant Officer McCarthy and plaintiff Pamala Gillam’s 42 U.S.C. § 1983 claim

11

against defendant Officer Bautista.

12
13

IT IS SO ORDERED.
DATED: July 27, 2016.

14
15
UNITED STATES DISTRICT JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
2