(PS) County of Sacramento et al v. Coleman et al

Filing 4

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/27/2024 ADOPTING 3 Findings and Recommendations in full, DENYING 2 Motion to Proceed IFP as moot, REMANDING this action for lack of subject matter jurisdiction and DIRECTING the Clerk to remove the County of Sacramento from this action and recaption this action "Cynthia Cohen v. Jacqueline Coleman, et al.. CASE CLOSED. (Clemente Licea, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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County Of Sacramento, et al.,

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Plaintiffs,

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No. 2:23-cv-02666-KJM-CKD

v.

ORDER

Jacqueline Coleman, et al.,

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Defendants.

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On February 1, 2024, the magistrate judge filed findings and recommendations, which

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were served on the parties, and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen (14) days. That period having passed, plaintiff

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has not objected to 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 (ECF No. 3) are adopted in full;

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2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED AS MOOT;

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3. The action is remanded for lack of subject matter jurisdiction;

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4. The Clerk of Court is directed to remove the County of Sacramento from this action

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and recaption this action “Cynthia Cohen v. Jaqueline Coleman, et al.”; and
5. The Clerk of Court is directed to CLOSE this case.
DATED: March 27, 2024.

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