Jackson v. County of Sacramento Department of Health and Human Services

Filing 36

ORDER signed by District Judge Morrison C. England, Jr on 1/5/2018 ORDERING that Plaintiff's Claims 2, 3, 4, 5 and 7 are DISMISSED without leave to amend;Plaintiff's Claims 1, 4 and 6 shall be allowed to proceed and defendants arerequired to answer such claims; Only the County of Sacramento is the proper defendant for plaintiff's Title VII claim.(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN E. JACKSON,

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No. 2:16-cv-00920-MCE-GGH

Plaintiff,
v.

ORDER

COUNTY OF SACRAMENTO
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, et al.,

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Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this civil rights matter. On October

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31, 2017 the magistrate issued Findings and Recommendations that Respondent’s Motion to

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Dismissed be granted in part, recommending that plaintiff’s 1st, 4th and 6th causes of action should

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proceed, identified the County of Sacramento as the only proper defendant for the Title VII claim,

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and that Claims 2, 3, 4 and 5, all of which are state claims, should be dismissed without leave to

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amend. ECF No. 26. The parties to the action were given 21 days to Object and plaintiff did file

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timely objections, ECF No. 27, upon which defendant County commented. ECF No. 28.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,

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this Court has conducted a de novo review of this case. Having reviewed the file, and the

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magistrate judge’s findings and recommendations, the Court ADOPTS the findings and

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recommendations (ECF No. 26) and grants Defendant’s Motion to Dismiss is some respects and

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denies it in others.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s Claims 2, 3, 4, 5 and 7 are DISMISSED without leave to amend;

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2.

Plaintiff’s Claims 1, 4 and 6 shall be allowed to proceed and defendants are

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required to answer such claims;

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3.

Only the County of Sacramento is the proper defendant for plaintiff’s Title VII

claim.
IT IS SO ORDERED.
Dated: January 5, 2018

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