(PS) Miller v. Sacramento City Unified School District ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SONIA MAREE MILLER, No. 2:21-cv-0757-JAM-CKD PS 12 Plaintiff, 13 v. ORDER 14 SACRAMENTO CITY UNIFIED (ECF Nos. 12, 18, 21, 29) SCHOOL DISTRICT, et al., 15 Defendants. 16 17 18 On October 14, 2021, the magistrate judge filed findings and recommendations (ECF 19 No. 29), which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen (14) days. No objections were 21 filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 22 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 24 1983). 25 //// 26 //// 27 //// 28 //// 1 The court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 3 IT IS HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 29) are ADOPTED IN FULL; 5 2. Defendants’ motions to dismiss for failure to state a claim (ECF Nos. 12, 18, 21) are 6 GRANTED; 7 3. All claims against defendant Hernandez are dismissed without leave to amend, and 8 defendant Hernandez is dismissed from the action; 9 4. All claims against defendant Sacramento City Teachers Association (SCTA) are 10 dismissed without leave to amend, and the SCTA is dismissed from the action; 11 5. All claims against defendant Sacramento City Unified School District (SCUSD) are 12 dismissed, with leave to amend to state any timely claims plaintiff may have against 13 SCUSD, addressing the deficiencies identified in the magistrate judge’s findings and 14 recommendations; and 15 6. The case is referred again to the magistrate judge for further proceedings. 16 17 Dated: November 4, 2021 /s/ John A. Mendez 18 THE HONORABLE JOHN A. MENDEZ 19 UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28