Spears v. El Dorado County Courts et al

Filing 50

ORDER signed by District Judge Troy L. Nunley on 04/05/22 ADOPTING 49 Findings and Recommendations in full DENYING 45 Motion to Dismiss; DISMISSING Plaintiff's Third Amended Complaint with 30 days LEAVE TO AMEND. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

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No. 2:16-cv-02655-TLN-DMC
Plaintiff,

v.

ORDER

EL DORADO COUNTY C.P.S., et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. §

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1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of

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California local rules.

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On January 20, 2022, the magistrate judge filed findings and recommendations (ECF No.

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49) herein which were served on the parties and which contained notice that the parties may file

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objections within the time specified therein. No objections to the findings and recommendations

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have been filed.

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The Court has reviewed the file and finds the findings and recommendations to be
supported by the record and the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations filed January 20, 2022, (ECF No. 49), are

adopted in full;
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2.

Defendants’ Motion to Dismiss, (ECF No. 45), is DENIED;

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3.

Plaintiff’s third amended complaint is DISMISSED with leave to amend; and

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4.

Within 30 days of the date of this order, Plaintiff shall file a fourth amended

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complaint which includes a claim for relief.

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DATED: April 5, 2022

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Troy L. Nunley
United States District Judge

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