Clark v. County of Sacramento et al

Filing 21

ORDER signed by District Judge John A. Mendez on 8/31/16: The findings and recommendations filed July 26, 2016 18 are adopted in full. Motion to dismiss 11 is granted in part and denied in part. The complaint's claims for illegal seizure, Monell, and violation of the ADA are dismissed with leave to amend. Plaintiff is granted twenty-eight days to file an amended complaint that cures the defects noted in this order and complies with the Federal Rules of Civil Procedure and the Local Rules of Practice. (Kaminski, H) Modified on 8/31/2016 (Kaminski, H).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FELICIA CLARK,

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No. 2:15-cv-1211 JAM DB PS

Plaintiff,
v.

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a
United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On July 26, 2016, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days after service of the findings

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and recommendations. The fourteen-day period has expired, and no party has filed objections to

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the findings and recommendations.

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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.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 26, 2016 (Dkt. No. 18) are
adopted in full;
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2. Defendants’ January 8, 2016 motion to dismiss (Dkt No. 11) is granted in part
and denied in part;

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3. The complaint’s claims for illegal seizure, Monell, and violation of the ADA
are dismissed with leave to amend;

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4. Plaintiff is granted twenty-eight days to file an amended complaint that cures

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the defects noted in this order and complies with the Federal Rules of Civil Procedure and the

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Local Rules of Practice1; and

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5. If after the twenty-eight days has passed plaintiff has not filed an amended
complaint, defendants are directed to file an answer within fourteen days to the complaint’s

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claims of retaliation, false arrest and excessive force.

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DATED: August 31, 2016

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John A. Mendez___________________________

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UNITED STATES DISTRICT COURT JUDGE

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/clark.jo

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It appears plaintiff has already filed an amended complaint in response to the findings and
recommendations.
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