Sophia Lopez v. Johnson et al, No. 1:2009cv02174 - Document 22 (E.D. Cal. 2010)

Court Description: ORDER signed by District Judge Lawrence J. O'Neill on 8/4/2010 adopting in full 20 , 21 FINDINGS AND RECOMMENDATIONS and dismissing defendant, Martha Johnson with prejudice. (Lundstrom, T)

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Sophia Lopez v. Johnson et al Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 SOPHIA LOPEZ, ) ) Plaintiff, ) ) vs. ) ) MARTHA JOHNSON and RENEE ) RICHARDSON, ) ) Defendants. ) _____________________________________ ) Case No. 1:09-cv-02174-LJO-JLT ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL DISMISSING DEFENDANT JOHNSON WITH PREJUDICE (Docs. 1, 5) 17 18 Plaintiff is a self-represented litigant who sought to proceed in forma pauperis with a civil 19 rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to the Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b) and Local Rules 302 and 304. 21 On June 15, 2010, Plaintiff filed an amended complaint. (Doc. 18) The amended complaint 22 continued to assert liability against defendant Johnson despite that the only actions alleged to have 23 been taken by her occurred while she was acting in her role as the hearing officer for the Kern 24 County Housing Authority. 25 On June 21, 2010, the Magistrate Judge ordered defendant Johnson dismissed but granted 26 leave to amend the complaint if Plaintiff could allege actions taken by Johnson that were outside of 27 her role as the hearing officer. (Doc. 19) However, because the Court found that the balance of the 28 amended complaint stated causes of action against other defendants, the Order advised Plaintiff that 1 Dockets.Justia.com 1 her failure to amend the complaint would result in the Magistrate Judge issuing a Findings and 2 Recommendation dismissing Johnson without leave to amend. The Order advised further that 3 Plaintiff would be permitted to proceed in the matter against the remaining defendants. Johnson was 4 given 20 days leave, or until July 12, 2010, to file her second amended complaint. Plaintiff failed to 5 file a second amended complaint. 6 On July 19, 2010, the Magistrate Judge issued an Amended Findings and Recommendation 7 that Johnson be dismissed from the litigation without leave to amend based upon the protections of 8 absolute immunity. Plaintiff was granted 14 days from July 19, 2010, or until August 2, 2010, to file 9 objections to the recommendation. Plaintiff has not filed objections. 10 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley 11 United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of 12 the case. Having carefully reviewed the entire file, the Court finds that the findings and 13 recommendation are supported by the record and by proper analysis. 14 Accordingly, IT IS HEREBY ORDERED that: 15 1. The findings/report and recommendations filed July 19, 2010, are ADOPTED IN FULL; 16 and 17 2. Defendant Martha Johnson IS DISMISSED from the action without leave to amend. 18 IT IS SO ORDERED. 19 20 Dated: b9ed48 August 4, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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