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