Walker v. Fresno Police Department et al, No. 1:2009cv01667 - Document 39 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING Findings and Recommendations That Defendants' Motion to Dismiss Be GRANTED IN PART, DENIED IN PART 24 , 37 , 38 , signed by Judge Oliver W. Wanger on 9/29/10: Defendants' Motion to Strike Plaintiff's 4/28/10 and 5/ 27/10, pleadings is GRANTED; Defendants' Motion to Dismiss Plaintiff's Claim for Warrantless Entry in Violation of the Fourth Amendment is DENIED; Defendants' Motion to Dismiss Plaintiff's Claim for Unlawful Arrest in Violation of the Fourth Amendment is DENIED; Defendants' Motion to Dismiss Plaintiff's Claim for Preparing False Police Reports is GRANTED; and Defendants' Motion to Dismiss Defendant Robles from the action is GRANTED. (Hellings, J)
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Walker v. Fresno Police Department et al Doc. 39 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION 11 12 HAROLD WALKER, CASE NO. 1:09-cv-01667-OWW-SKO 13 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT DEFENDANTS' MOTION TO DISMISS BE GRANTED IN PART, DENIED IN PART Plaintiff, 14 15 v. 16 FRESNO POLICE DEPARTMENT, et al., Docket Nos. 24, 37, 38 17 18 Defendants. / 19 20 On August 23, 2010, the Magistrate Judge issued Findings and Recommendations that 21 Defendants' Motion to Dismiss be GRANTED IN PART and DENIED IN PART. These 22 Findings and Recommendations were served on all parties appearing in the action and contained 23 notice that any objections were to be filed within twenty (20) days after service of the order. No 24 objections were filed. 25 In accordance with the provisions of 28 U.S.C. ยง 636 (b)(1)(C), this Court has conducted 26 a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 27 the Magistrate Judge's Findings and Recommendations are supported by the record and proper 28 analysis. Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 5 FULL; 2. 6 7 3. 4. Defendants' Motion to Dismiss Plaintiff's Claim for Unlawful Arrest in Violation of the Fourth Amendment is DENIED; 5. 12 13 Defendants' Motion to Dismiss Plaintiff's Claim for Warrantless Entry in Violation of the Fourth Amendment is DENIED; 10 11 Defendants' Motion to Strike Plaintiff's April 28, 2010, and May 27, 2010, pleadings is GRANTED; 8 9 The Findings and Recommendations issued August 23, 2010, are ADOPTED IN Defendants' Motion to Dismiss Plaintiff's Claim for Preparing False Police Reports is GRANTED; and 6. Defendants' Motion to Dismiss Defendant Robles from the action is GRANTED. 14 15 16 IT IS SO ORDERED. 17 Dated: September 29, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2