Hoffmann v. Corning Police Department

Filing 43

ORDER signed by District Judge Morrison C. England, Jr. on 9/20/2016 ADOPTING IN FULL 38 Findings and Recommendations; GRANTING IN PART, DENYING IN PART 29 Motion to Dismiss; ORDERING Defendants Jourdan, Hill, Bassett and Fears to file an answer within twenty-one days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN LEE HOFFMANN,

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Plaintiff,

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No. 2:14-cv-2736 MCE KJN P

v.

ORDER

JUSTIN JOURDAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 19, 2016, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 19, 2016, are adopted in full; and

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2. Defendants’ motion to dismiss (ECF No. 29 is granted in part and denied in part as

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follows:
A. Defendants’ motion to dismiss plaintiff’s state law claims for assault and
battery as improperly amended into the pleading is denied;
B. Plaintiff’s state law claims against defendants City of Corning and the County
of Tehama is dismissed;
C. Plaintiff’s state law claims against the Corning Super 8 Motel are dismissed
without prejudice;
D. Plaintiff’s state law claims for negligence and the intentional infliction of
emotional distress against defendants Jourdan, Hill, Bassett and Fears are dismissed;
E. Defendants’ motion to dismiss plaintiff’s Fourth Amendment claims for
unlawful detention and fourth cause of action for false imprisonment is denied;
3. Plaintiff’s state law claims for assault and battery against defendant Fears are
dismissed for failure to state a claim;
4. Within twenty-one days from the date of this order, defendants Jourdan, Hill, Bassett
and Fears are directed to file an answer.
IT IS SO ORDERED.
Dated: September 20, 2016

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