Tate et al v. County of Kern et al, No. 1:2014cv00159 - Document 25 (E.D. Cal. 2014)

Court Description: ORDER Adopting in Full the 19 FINDINGS AND RECOMMENDATIONS DISMISSING the Matter as to the Minor Children for Lack of Capacity signed by District Judge Lawrence J. O'Neill on 5/29/2014. (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 ALLEN TATE, et al., Plaintiffs, 12 13 14 v. COUNTY OF KERN, et al., Defendants. 15 ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00159 - LJO - JLT ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS DISMISSING THE MATTER AS TO THE MINOR CHILDREN FOR LACK OF CAPACITY (Doc. 19) 16 17 On May 7, 2014, the Magistrate Judge determined Plaintiffs Allen Tate and Maryn Tate lack the 18 authority to act for the minor children in this action, and lack authority to dismiss the claims of the 19 children. (Doc. 19.) Because Plaintiffs did not identify anyone willing to act as a guardian ad litem, 20 the Magistrate Judge recommended the claims of D.T., K.T., and M.T., be dismissed without prejudice. 21 (Id. at 4.) 22 The parties were granted fourteen days to file objections to the Findings and Recommendations. 23 (Doc. 19 at 4.) Although the parties were “advised that failure to file objections within the specified 24 time may waive the right to appeal the District Court’s order,” (id. at 5, citing Martinez v. Ylst, 951 25 F.2d 1153 (9th Cir. 1991)), no objections were filed. In accordance with the provisions of 28 U.S.C. § 26 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this 27 Court has conducted a de novo review of the action. Having carefully reviewed the entire file, the Court 28 finds the Findings and Recommendations are supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. 3 4 5 6 The Findings and Recommendations dated May 7, 2014 (Doc. 19) are ADOPTED IN FULL; and 2. The claims of D.T., K.T., and M.T. are DISMISSED WITHOUT PREJUDICE. SO ORDERED Dated: May 29, 2014 /s/ Lawrence J. O’Neill United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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