(PS) Santillan v. California Bar Examiners ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHELSIE M. SANTILLAN, Case No. 2:24-cv-00571-DJC-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA BAR EXAMINERS, et al., 15 Defendants. 16 17 On August 15, 2024, the Magistrate Judge filed findings and recommendations 18 herein which were served on the parties, and which contained notice that any 19 objections to the findings and recommendations were to be filed within fourteen 20 days. Plaintiff filed objections on August 23, 2024, and Defendant filed objections on 21 August 29, 2024. Both objections were considered by the undersigned. 22 The Court presumes that any findings of fact are correct. See Orand v. United 23 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 24 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 25 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 26 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 27 the findings and recommendations to be supported by the record and by the proper 28 analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed August 15, 2024, are 3 | adopted in full; 4 2. Defendant Committee of Bar Examiners’ motion to dismiss, ECF No. 28, is 5 || granted; 6 3. Plaintiff's claims under 42 U.S.C. § 1983 and state law claims are dismissed 7 | without leave to amend; 8 4. Plaintiff's claim for violation of Title Il of the ADA are dismissed with leave to 9 | amend; 10 5. Plaintiff is granted thirty days from this order to file an amended complaint; 11 6. Plaintiff's motions for injunctive relief, ECF Nos. 4, 23, & 24, are denied; 12 7. Plaintiff's motions for damages, ECF No. 40, and for an ex parte hearing, ECF 13 | No. 41, are denied; and 14 8. This matter is referred back to the assigned Magistrate Judge for further 15 | pretrial matters. 16 17 IT IS SO ORDERED. 18 | Dated: _September 13, 2024 “Daniel A CoD tto— Hon. Daniel alabretta 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 a