McCain v. Stockton Police Department et al
Filing
67
ORDER signed by Judge John A. Mendez on 11/21/11: City Defendants' motion for judgment on the pleadings is granted with prejudice 54 . Defendants Adair, Gonzalez, Hughes, Reynosa, Teague, City of Stockton, Stockton Police Department, and Evangelina Duran dba Brownies Towing are dismissed from the case with prejudice. The Clerk of Court is directed to close the case. (Kaminski, H)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
TERRYLYN MCCAIN
11
Plaintiff,
12
No. CIV-S-10-3170 JAM CKD PS
vs.
13
14
STOCKTON POLICE
DEPARTMENT, et al.
15
Defendants.
16
ORDER
__________________________________/
17
On October 4, 2011, the magistrate judge filed findings and recommendations
18
herein which were served on the parties and which contained notice that any objections to the
19
findings and recommendations were to be filed within fourteen (14) days. Objections were filed
20
on October 18, 2011, and they were considered by the district judge.
21
This court reviews de novo those portions of the proposed findings of fact to
22
which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v.
23
Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920
24
(1982). As to any portion of the proposed findings of fact to which no objection has been made,
25
the court assumes its correctness and decides the motions on the applicable law. See Orand v.
26
United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
1
1
reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
2
1983).
3
The court has reviewed the applicable legal standards and, good cause appearing,
4
concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly,
5
IT IS ORDERED that:
6
7
8
9
10
11
12
1. City Defendants’ motion for judgment on the pleadings (dkt. no. 54) is granted
with prejudice.
2. Defendants Adair, Gonzalez, Hughes, Reynosa, Teague, City of Stockton,
Stockton Police Department, and Evangelina Duran dba Brownies Towing are dismissed from
the case with prejudice.
3. The Clerk of Court is directed to close the case.
DATED: November 21, 2011
13
/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
