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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER LULL, No. 2:17-cv-01211-TLN-EFB 12 Plaintiff, 13 v. ORDER 14 COUNTY OF SACRAMENTO, CORY STEWART, MICHAEL DOANE, and 15 DOES 1 to 100, 16 Defendants. 17 18 Plaintiff Christopher Lull (“Plaintiff”), an individual proceeding pro se, has filed this civil 19 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to Local Rule 302(c)(21). 21 On September 11, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on the parties and which contained notice that any objections to the findings 23 and recommendations were to be filed within fourteen days. (ECF No. 61.) Defendant Cory 24 Stewart (“Defendant”) filed objections on September 25, 2020 (ECF No. 62), and they were 25 considered by the undersigned. 26 This Court reviews de novo those portions of the proposed findings of fact to which 27 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 28 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 1 to any portion of the proposed findings of fact to which no objection has been made, the Court 2 assumes its correctness and decides the motions on the applicable law. See Orand v. United 3 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 4 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 5 The Court has reviewed the applicable legal standards and, good cause appearing, 6 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 7 Accordingly, IT IS ORDERED that: 8 1. The proposed Findings and Recommendations filed September 11, 2020 (ECF No. 61), 9 are ADOPTED IN FULL; 10 2. Plaintiff’s request for reconsideration (ECF No. 49) is GRANTED; and 11 3. Plaintiff is permitted to proceed on the second amended complaint’s Fourth 12 Amendment claim. 13 IT IS SO ORDERED. 14 DATED: October 6, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28