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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBIN LEE HOFFMANN, 12 Plaintiff, 13 14 No. 2:14-cv-2736 MCE KJN P v. ORDER JUSTIN JOURDAN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 19, 2016, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 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 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 19, 2016, are adopted in full; and 3 2. Defendants’ motion to dismiss (ECF No. 29 is granted in part and denied in part as 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 21 22 23 24 25 26 27 28 2

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