Lull v. County of Sacramento et al

Filing 83

ORDER signed by District Judge Troy L. Nunley on 9/22/2021 ADOPTING 81 Findings and Recommendations; GRANTING 65 Motion for Summary Judgment and DENYING 68 Motion for Summary Judgment. Judgment is entered in Defendants' favor and against Plaintiff. CASE CLOSED. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LULL,

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Plaintiff,

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No. 2:17-cv-01211-TLN-JDP

v.

ORDER

CORY STEWART,

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Defendant.

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On September 2, 2021, the magistrate judge filed Findings and Recommendations herein

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which were served on the parties and which contained notice that any Objections to the Findings

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and Recommendations were to be filed within fourteen days. (ECF No. 81.) Plaintiff filed

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Objections on September 16, 2021, (ECF No. 82), which this Court considered.

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This Court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the Court

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assumes its correctness and decides the motions on the applicable law. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The Court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed September 2, 2021, (ECF No. 81),
are adopted;

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2. Defendant Stewart’s Motion for Summary Judgment, (ECF No. 65), is granted;

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3. Plaintiff’s Motion for Summary Judgment, ECF No. 68, is denied;

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4. Judgment is entered in Defendants’ favor and against Plaintiff; and

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5. The Clerk of Court is directed to close the case.

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DATED: September 22, 2021

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Troy L. Nunley
United States District Judge

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