Rogers v. Richard et al

Filing 56

ORDER signed by District Judge John A. Mendez on 12/19/17 ORDERING that Respondent's Motion to Dismiss is GRANTED with LEAVE to AMEND claims pleaded under 42 U.S.C. section 2000e and 28 U.S.C. section 1983; Respondent's Motion to dismiss is GRANTED without leave to amend as to all other claims pleaded; the Class Action allegations of the Complaint are STRICKEN without leave to replead.(Becknal, R)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

KIM EDWARD ROGERS,

11

Plaintiff,

12
13
14

v.

No. 2:17-cv-00149-JAM-GGH

ORDER

M. RICHARD, CHP Captain Commander,
et al.,
Defendants.

15
16

Plaintiff is proceeding pro se and in forma pauperis in this civil rights matter. On October
17
10, 2017 the magistrate issued Findings and Recommendations that Respondent’s Motion to
18
Dismissed be granted with leave to amend claims pleaded under 42 U.S.C. section 2000e and 28
19
U.S.C. section 1983 pursuant to the instructions given in the magistrate’s Order. ECF No. 43.
20
The parties were granted fourteen (14) days to object. No objections have been filed.
21
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,
22
this court has conducted a de novo review of this case. Having reviewed the file, and the
23
magistrate judge’s findings and recommendations, the court ADOPTS the findings and
24
recommendations.
25
Accordingly, IT IS HEREBY ORDERED that:
26
1.

Respondent’s Motion to Dismiss is GRANTED with leave to amend claims

27
pleaded under 42 U.S.C. section 2000e and 28 U.S.C. section 1983;
28
1

1
2

2.

Respondent’s Motion to dismiss is GRANTED without leave to amend as to all

other claims pleaded;

3

3.

4

IT IS SO ORDERED.

The class action allegations of the Complaint are stricken without leave to replead.

5
DATED: 12/19/2017
6
/s/ John A. Mendez_______________________
7
UNITED STATES DISTRICT COURT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2