(PS) Brewer v. California State Bar ( 2024 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 TERRENCE BREWER, Case No. 2:23-cv-00860-TLN-JDP 10 Plaintiff, 11 v. ORDER 12 CALIFORNIA STATE BAR, et al., 13 Defendants. 14 15 Plaintiff, proceeding pro se, filed this civil action against Defendants. This matter was 16 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 17 302. On March 7, 2024, the magistrate judge filed findings and recommendations herein which 18 were served on the parties, and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. (ECF No. 25.) Plaintiff filed objections 20 on March 19, 2024, and defendants filed objections on March 20, 2024. (ECF Nos. 27, 28.) 21 Those filings were considered by the undersigned. 22 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 23 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 24 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 25 the file, the Court finds the findings and recommendations to be supported by the record and by 26 the magistrate judge’s analysis. 27 /// 28 /// 1 Accordingly, IT IS ORDERED that: 2 1. The proposed findings and recommendations filed on March 7, 2024, (ECF No. 3 25) are ADOPTED IN FULL; 4 2. Defendants’ motion to dismiss (ECF No. 14) is GRANTED in part and DENIED 5 in part as follows: 6 a. Plaintiff?s claim for interference, coercion, or intimidation under 42 U.S. C. 7 § 12203(b) is DISMISSED with leave to amend; 8 b. Plaintiffs state law claims are DISMISSED without leave to amend; and 9 3. This matter proceeds on Plaintiff's ADA retaliation claim under 42 U.S.C. § 10 12203(a); 11 4. Plaintiff shall file their amended complaint no later than thirty (30) days from the 12 electronic filing date of this Order; 13 5. This matter is referred back to the magistrate judge for further proceedings. 14 || Date: March 25, 2024 IS /) “ \/ of du 17 — ZA Troy L. Nunley } 18 United States District Judge 19 20 21 22 23 24 25 26 27 28