Estate of Stephen E. Crawley et al v. Kings County et al, No. 1:2013cv02042 - Document 28 (E.D. Cal. 2014)

Court Description: ORDER Adopting 27 FINDINGS AND RECOMMENDATIONS and PARTIALLY GRANTING Defendants' 18 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 6/19/2014. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF STEPHEN E. CRAWLEY, et al., Case No. 1:13-cv-02042-LJO-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND PARTIALLY GRANTING DEFENDANTS’ MOTION TO DISMISS 12 Plaintiffs, 13 v. 14 KINGS COUNTY, et al., ECF NO. 18, 27 15 Defendants. 16 17 18 On April 3, 2014, Defendants filed a motion to dismiss. (ECF No. 18.) On May 23, 19 2014, the magistrate judge assigned to this action issued a Findings and Recommendations 20 recommending that Defendants’ motion to dismiss be partially granted. (ECF No. 27.) 21 The Findings and Recommendations contained notice that any objections were to be filed 22 within fourteen (14) days. To date, no party has filed objections to the Findings and 23 Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 25 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 26 Findings and Recommendations are supported by the record and by proper analysis. 27 / / / 28 / / / 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. The May 23, 2014 Findings and Recommendations are ADOPTED IN FULL; 3 2. Defendants’ motions to dismiss is PARTIALLY GRANTED; a. 4 Plaintiffs’ claims brought on behalf of the Estate of Stephen Crawley are DISMISSED with leave to amend; 5 6 b. Plaintiffs’ battery claim against Defendant McRae is DISMISSED; 7 c. Plaintiffs’ claims against Defendant Robinson are DISMISSED; 8 d. Plaintiffs’ official capacity claims against Defendants McRae and Barsteceanu are DISMISSED; and 9 e. 10 Defendants’ motion to dismiss is DENIED in all other respects 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill June 19, 2014 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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