Crawford, Sr. v. Moore

Filing 14

ORDER adopting 13 FINDINGS AND RECOMMENDATIONS in full and granting 7 Motion to Dismiss signed by Judge John A. Mendez on 6/12/15. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

REVEREND WESLEY CRAWFORD SR.,

12

Plaintiff,

13
14

No. 2:14-cv-2725 JAM AC (PS)

v.

ORDER

LISA M. MOORE,

15

Defendant.

16
Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a

17
18

United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On April 13, 2015, the magistrate judge filed findings and recommendations herein which

19
20

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

21

findings and recommendations were to be filed within twenty-one days. (ECF No. 13) Neither

22

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

23
24

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

25

ORDERED that:
1. The findings and recommendations filed April 13, 2015 (ECF No. 13), are adopted in

26
27
28

full;
2. Defendant’s motion to dismiss (ECF No. 7) is granted as follows:
1

1
2

a. The claim against Moore under Title VII of the Civil Rights Act of 1964, 42
U.S.C. §§ 2000e, et seq., is dismissed with prejudice;

3

b. The claim under Section 1981, 42 U.S.C. § 1981, is dismissed with prejudice;

4

c. The claim under Section 1983, 42 U.S.C. § 1983, for violation of the Due

5

Process Clause of the Fourteenth Amendment of the U.S. Constitution, is dismissed with leave to

6

amend within 30 days;

7

d. The claim under Section 1983, 42 U.S.C. § 1983, for violation of the Equal

8

Protection Clause of the Fourteenth Amendment of the U.S. Constitution, is dismissed with

9

prejudice;

10
11
12
13
14
15

e. That the claim under Section 1983, 42 U.S.C. § 1983, for violation of the Due
Process Clause of the Fifth Amendment of the U.S. Constitution, is dismissed with prejudice;
f. The claim under Title II of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000a, et
seq., is dismissed with prejudice; and
g. The claim under Section 8(f), 29 U.S.C. § 158(f), is dismissed with prejudice.
DATED: June 12, 2015

16

/s/ John A. Mendez_________________________

17

UNITED STATES DISTRICT COURT JUDGE

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