Spears et al v. El Dorado County Sheriff's Department et al

Filing 34

ORDER signed by District Judge Morrison C. England, Jr. on 6/13/2019 ADOPTED in FULL 28 Findings and Recommendations. Plaintiff's claims One, Two and Five, as set forth in the First Amended Complaint 16 , and Plaintiff's claims for injunctive relief against El Dorado County, are DISMISSED without leave to amend. (Reader, L)

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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 BRIAN SPEARS, 12 Plaintiff, 13 14 15 No. 2:15-cv-0165 MCE AC P v. ORDER EL DORADO COUNTY SHERIFF’S DEPARTMENT, et al., Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 5, 2019, the Magistrate Judge filed Findings and Recommendations herein 21 22 which were served on all parties and which contained notice that any objections to the F&Rs were 23 to be filed within fourteen days. ECF No. 28. On April 4, 2019, Plaintiff was granted an 24 extension of time to May 3, 2019 to file objections. ECF No. 32. However, neither party has 25 filed objections to the F&Rs. The Court has reviewed the file and finds the F&Rs to be supported by the record and by 26 27 the Magistrate Judge’s analysis. Accordingly, IT IS HEREBY ORDERED that: 28 /// 1 1 1. The F&Rs filed March 5, 2019 (ECF No. 28), are ADOPTED in full; 2 2. Plaintiff’s claims One, Two and Five, as set forth in the FAC, ECF No. 16, and 3 Plaintiff’s claims for injunctive relief against El Dorado County, are DISMISSED without leave 4 to amend. 5 6 IT IS SO ORDERED. Dated: June 13, 2019 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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