(PS)Crane v. Juhasz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JODI L. CRANE, No. 2:21-cv-00022-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 CITY OF DUNSMUIR, et al., 15 Defendants. 16 17 Plaintiff Jodi L. Crane (“Plaintiff”) is an individual proceeding pro se with a civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 30, 2021, the magistrate judge filed findings and recommendations which were 21 served on all parties and which contained notice that any objections to the findings and 22 recommendations were to be filed within 14 days. (ECF No. 33.) No timely objections have 23 been filed. 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: 2 1. The Findings and Recommendations (ECF No. 33) are ADOPTED IN FULL; 3 2. Defendants’ Motion to Dismiss (ECF No. 29) is GRANTED in part and DENIED in part; 4 3. Defendants’ Motion to Dismiss (ECF No. 29) is DENIED to the extent that Plaintiff is 5 granted leave to file a third amended complaint naming Defendant Todd Juhasz within 30 6 days after this order — in all other respects the Motion to Dismiss is GRANTED; and 7 4. All claims against Defendants Juliana Lucchessi, Daniel Padilla, and the City of Dunsmuir 8 are DISMISSED without further leave to amend. 9 IT IS SO ORDERED. 10 | DATE: July 7, 2021 /) □□ 11 \ | jf yf / } 12 W \ sc 13 Troy L. Nunley) } United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28