Gonzalez v. County of Merced et al, No. 1:2016cv01682 - Document 46 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING 43 Findings and Recommendations in Full, signed by Chief Judge Lawrence J. O'Neill on 6/28/17. Amended Complaint due by 7/14/2017. (Marrujo, C)
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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 ASHLEY GONZALEZ, 7 Plaintiff, 8 9 10 1:16-cv-1682-LJO-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL (Doc. 43) v. COUNTY OF MERCED and GREGORY M. RICH, Defendants. 11 12 The Court previously adopted in full the Magistrate Judge’s recommendation that the Court 13 1 14 dismiss with leave to amend dismiss Plaintiff Ashley Gonazlez’s Monell claim against Defendant 15 County of Merced (“the County”). Plaintiff filed a first amended complaint (“the FAC”) in which she 16 again asserts a Monell claim against the County. The Magistrate Judge has again issued Findings and 17 Recommendations (“F&Rs”) in which he recommends granting the County’s motion to dismiss 18 Plaintiff’s Monell claim in the FAC, again with leave to amend. Plaintiff timely filed objections to the 19 F&Rs to which the County timely responded. Docs. 44, 45. In accordance with 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 20 21 F.2d 452, 454 (9th Cir. 1983), the Court has conducted a de novo review of the record and finds that the 22 F&Rs are supported by proper analysis and the record. Accordingly, the Court ORDERS that: 1. The F&Rs (Doc. 43) are ADOPTED IN FULL; 23 24 25 1 Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658 (1978). 1 1 2. Plaintiff’s Monell claim is DISMISSED WITH LEAVE TO AMEND; 2 3. Plaintiff shall have one final opportunity to amend the complaint; and 3 4. Any amended complaint shall be filed by July 14, 2017. 4 5 6 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ June 28, 2017 UNITED STATES CHIEF DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2