Elkins et al v. California Highway Patrol et al, No. 1:2013cv01483 - Document 25 (E.D. Cal. 2013)

Court Description: ORDER Adopting Findings and Recommendations 20 , signed by District Judge Anthony W. Ishii on 12/17/13. California Highway Patrol terminated. (Verduzco, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THE ESTATE OF CECIL ELKINS, JR., et al., Case No. 1:13-cv-01483-AWI-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 Plaintiffs, 13 v. ECF NO. 20 14 CALIFORNIA HIGHWAY PATROL, et al., 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 On October 7, 2013, Defendant California Highway Patrol (“CHP”) filed a motion to dismiss. (ECF No. 10.) On November 18, 2013, the magistrate judge assigned to this action issued a Findings and Recommendations recommending that the motion to dismiss be granted. (ECF No. 20.) The Findings and Recommendations contained notice that any objections were to be filed within fourteen (14) days. On December 2, 2013, Plaintiffs filed objections to the Findings and Recommendations. (ECF No. 21.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and by proper analysis. Plaintiffs filed objections under the incorrect impression that the Findings and Recommendations recommended that Plaintiffs’ claims against Doe defendants be dismissed. 28 1 1 However, the Findings and Recommendations did not make any findings or any 2 recommendations with respect to Plaintiffs’ claims against the Doe defendants. 3 Accordingly, it is HEREBY ORDERED that: 4 1. IN FULL; 5 6 7 The Findings and Recommendations dated November 18, 2013 are ADOPTED 2. Defendant California Highway Patrol’s motion to dismiss is GRANTED and Defendant California Highway Patrol is DISMISSED from this action. 8 9 IT IS SO ORDERED. 10 Dated: December 17, 2013 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.