Lopez v. Lassen Jackson Community Partners et al

Filing 26

ORDER signed by District Judge Kimberly J. Mueller on 4/25/19 ADOPTING 23 Findings and Recommendations in full; GRANTING 14 Motion to Dismiss; DENYING 15 Motion to Dismiss without prejudice; DISMISSING 1 Complaint with leave to amend; DENYING 24 Motion to Amend; DIRECTING plaintiff to file a 1st Amended Complaint within 30 days; and REFERRING this matter back to the assigned magistrate judge for all further pretrial proceedings. (Coll, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PEGGY LOPEZ, 12 Plaintiff, 13 14 15 No. 2:17-cv-1451-KJM-DMC v. ORDER LASSEN JACKSON COMMUNITY PARTNERS, et al., Defendants. 16 17 Plaintiff, who is proceeding pro se, brings this civil action. The matter was 18 19 referred to a United States Magistrate Judge as provided by Eastern District of California local 20 rules. 21 On February 11, 2019, the Magistrate Judge filed findings and recommendations, 22 which were served on the parties and which contained notice that the parties may file objections 23 within the time specified therein. Timely objections to the findings and recommendations have 24 been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 26 304(f), this court has conducted a de novo review of this case. Having reviewed the file, the court 27 finds the findings and recommendations to be supported by the record and by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 11, 2019, are adopted in 2. The unopposed motion to dismiss by defendants Lassen Jackson 3 full; 4 5 Community Partners, Amand Kannan, MBS Property Management, Inc., The Beneficial Housing 6 Foundation, and WNC Development Partners (Doc. 14) is granted; 7 3. The unopposed motion to dismiss by defendant North American Risk 8 Services (Doc 15) is denied without prejudice to renewal upon the filing of a first amended 9 complaint; 10 4. Plaintiff’s complaint is dismissed with leave to amend; 11 5. Plaintiff’s motion (Doc. 24) is denied; 12 6. Plaintiff shall file a first amended complaint within 30 days of the date of 7. This matter is referred back to the assigned magistrate judge for all further 13 14 this order; and 15 pretrial proceedings. 16 DATED: April 25, 2019. 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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