(PS) Ricci v. County of Sacramento ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KRISTA RICCI, No. 2:17-cv-2673-MCE-EFB PS 11 Plaintiff, 12 v. ORDER 13 COUNTY OF SACRAMENTO, SACRAMENTO DEPARTMENT OF 14 HEALTH AND HUMAN SERVICES, GIA SAVOY, DAVID CHERNOW, and 15 Does 1 through 50, Inclusive, 16 Defendants. 17 18 On March 4, 2020, the magistrate judge filed findings and recommendations herein which 19 were served on the parties and which contained notice that any objections to the findings and 20 recommendations were to be filed within fourteen days. ECF No. 75. Plaintiff filed objections 21 on March 18, 2020, and they were considered by the undersigned. ECF No. 76. 22 This Court reviews de novo those portions of the proposed findings of fact to which 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 25 to any portion of the proposed findings of fact to which no objection has been made, the Court 26 assumes its correctness and decides the motions on the applicable law. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 The Court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The proposed Findings and Recommendations filed March 4, 2020 (ECF No. 75), are 5 ADOPTED in full; 6 2. Defendants’ motion to dismiss (ECF No. 52) is GRANTED and plaintiff’s second 7 amended complaint is DISMISSED without leave to amend; 8 3. Plaintiff’s motions for leave to amend the complaint (ECF Nos. 51, 59, 66) are 9 DENIED; 10 4. Defendants’ motions to strike plaintiff’s third and fourth amended complaints (ECF 11 Nos. 53 & 65) are DENIED as moot; 12 5. Plaintiff’s motions to vacate judgment (ECF Nos. 60, 73) are DENIED; and 13 6. The Clerk is directed to close the case. 14 IT IS SO ORDERED. 15 DATED: March 24, 2020 16 17 18 19 20 21 22 23 24 25 26 27 28