Johnson et al v. City of Atwater et al, No. 1:2018cv00920 - Document 24 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 23 Findings and Recommendations and ORDER GRANTING 16 Motion for Summary Judgment ; Plaintiffs request to substitute Teri Albrecht in defendant Lakhwinders place is denied; Judgment is entered in favor of defendant Lakhwinder as to plaintiffs claims brought against her, signed by District Judge Dale A. Drozd on 12/30/2019. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD DEAN JOHNSON, et al., 12 Plaintiffs, 13 14 No. 1:18-cv-00920-DAD-SAB v. CITY OF ATWATER, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendants. (Doc. Nos. 16, 23) 16 17 Plaintiffs Richard Dean Johnson and Lori Johnson (collectively, “plaintiffs”) filed this 18 19 civil rights action pursuant to 42 U.S.C. § 1983. Defendant Deol Lakhwinder moved for 20 summary judgment in her favor on July 22, 2019, and that motion was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. (Doc. No. 21.) On September 23, 2019, the assigned magistrate judge issued findings and 22 23 recommendations recommending the granting of defendant Lakhwinder’s motion for summary 24 judgment. (Doc. No. 23.) The findings and recommendations were served on the parties and 25 contained notice that any objections to those findings and recommendations were to be filed 26 within fourteen (14) days from the date of service. (Id.) The period for filing objections has 27 passed and no objections have been filed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, 6 1. 7 The findings and recommendations filed September 3, 2019 (Doc. No. 23) are adopted in full; 8 2. Defendant Lakhwinder’s motion for summary judgment (Doc. No. 16) is granted; 9 3. Plaintiffs’ request to substitute Teri Albrecht in defendant Lakhwinder’s place is 10 11 denied; and 4. 12 13 14 15 Judgment is entered in favor of defendant Lakhwinder as to plaintiffs’ claims brought against her. IT IS SO ORDERED. Dated: December 30, 2019 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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