(PC)Ireland v. Solano County et al
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/2020 ADOPTING 26 Findings and Recommendations in full; GRANTING IN PART 21 Motion to Dismiss; Plaintiff's ADA and Rehabilitation Act claims -both individual and official ca pacity- against Defendant White; Plaintiff's Fourteenth Amendment Equal Protection and Due Process claims against both defendants; and Plaintiff's constitutional claims against Solano County. The Motion to Dismiss is DENIED in all other respects. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROD WILLIAM IRELAND,
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Plaintiff,
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No. 2:19-cv-1104-KJM-JDP P
v.
ORDER
SOLANO COUNTY, et al.,
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Defendants.
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Plaintiff, proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C.
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§ 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C.
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§ 636(b)(1)(B) and Local Rule 302.
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On May 28, 2020, the magistrate judge filed findings and recommendations, which were
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served on all parties and which contained notice to all parties that any objections to the findings
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and recommendations were to be filed within fourteen days. Neither party has filed objections to
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the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be
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supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 28, 2020, are adopted in full.
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2. Defendants’ motion to dismiss (ECF No. 21) is GRANTED in part.
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3. The following claims are dismissed without prejudice:
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a. Plaintiff’s ADA and Rehabilitation Act claims -both individual and official
capacity- against Defendant White;
b. Plaintiff’s claims pursuant to California Government Code § 11135;
c. Plaintiff’s Fourteenth Amendment Equal Protection and Due Process claims
against both defendants; and
d. Plaintiff’s constitutional claims against Solano County.
4. The motion to dismiss is DENIED in all other respects.
DATED: October 15, 2020.
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