(PS)Seneka v. County of Yolo ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHANA SENEKA, No. 2:20-cv-01621-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 COUNTY OF YOLO, et al., 15 Defendants. 16 17 Plaintiff Shana Seneka (“Plaintiff”), an individual proceeding pro se, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983 (“§ 1983”). This matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c)(21). 20 On January 21, 2021, the magistrate judge filed findings and recommendations herein 21 which contained notice that any objections to the findings and recommendations were to be filed 22 within fourteen days. (ECF No. 27.) That time period has passed and no party has objected to 23 the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 27 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed January 21, 2021 (ECF No. 27), are 3 ADOPTED IN FULL; 4 2. Defendants’ Motions to Dismiss (ECF Nos. 8, 10, 11, 12) are GRANTED as follows: 5 a. Plaintiff’s Title II of the Americans with Disabilities Act (“ADA”) and § 1983 6 claims against the State of California, California Health and Human Resources, 7 California Department of Social Services, California Foster Care 8 Ombudsperson, the Attorney General of California, Robin Seneka, Whitney 9 Kulp, Ashley Mooney, Natalie Moore, and Mikaela West are DISMISSED 10 with prejudice; 11 b. Plaintiff’s ADA and § 1983 claims against Yolo County, City of Woodland 12 Police Department, Yolo County Child Welfare Services, Commission on 13 Judicial Performance, Marissa Green, April Godwin, Salaam Shabazz, Cate 14 Giacopuzzirotz, Rebekah Heinenberger, Amanda Ekman, Jennie Pettet, Cori 15 Chapin, Alexandria Nelson, Breanna Kraft, Valerie Zeller, Karleen Jackowski, 16 Meghan Morris, Erica Jimenez, Gina Shabazz, Christina Maciel, Josefina 17 Elliott, Brenda Gage, Josette Fair, Gregory Elliott, Stephen Guthrie, Jeffrey 18 Moe, Jen Magee, Gary Sandy, and Ken Hiatt are DISMISSED without 19 prejudice; 20 c. Plaintiff’s claims for injunctive relief, titled “Injunction for Removal of Civil 21 Action,” under 28 U.S.C. §§ 1443 and 1446 are DISMISSED with prejudice; 22 d. Plaintiff’s claim requesting a transfer of venue pursuant to California Civil 23 Procedure Code § 397.5 is DISMISSED with prejudice; 24 e. Plaintiff’s claim for a temporary and preliminary restraining order is 25 DISMISSED with prejudice; 26 f. Plaintiff’s claim for a declaratory judgment is DISMISSED without prejudice; 27 and 28 /// 1 3. Plaintiff is granted thirty (30) days from the date of service of this Order to file a 2 Second Amended Complaint that complies with the requirements of the Federal Rules 3 of Civil Procedure, the Local Rules, and the Findings and Recommendations filed 4 January 21, 2021. 5 ITIS SO ORDERED. 6 | DATED: April 13, 2021 /) 9 ! Lu 10 Troy L. Nuhlep ] United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28