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

Filing 92

ORDER signed by Senior Judge Morrison C. England, Jr on 11/16/22 ADOPTING 87 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 54 Motion to Dismiss. (Kaminski, H)

Case 2:15-cv-00165-MCE-AC Document 92 Filed 11/17/22 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

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Plaintiff,

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No. 2:15-cv-0165 MCE AC P

v.

ORDER

BRUCE BENTON, et al.,

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Defendants.

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On October 12, 2022, the magistrate judge issued findings and recommendations herein

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

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thereto were to be filed within fourteen (14) days. ECF No. 87. Neither party has filed objections

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to the findings and recommendations.
The Court has reviewed the file and finds the findings and recommendations to be

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

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ORDERED that:
1. The findings and recommendations issued October 12, 2022 (ECF No. 87), are

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ADOPTED in full, and
2. El Dorado County’s motion to dismiss (ECF No. 54) is GRANTED IN PART and

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DENIED IN PART as follows:

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Case 2:15-cv-00165-MCE-AC Document 92 Filed 11/17/22 Page 2 of 2
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a. DENIED as to Claim Four;

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b. GRANTED as to Claim Eleven, and

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c. GRANTED as to injunctive relief.

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3. This case shall proceed on the remaining claims.

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IT IS SO ORDERED.

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Dated: November 16, 2022

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