Lim v. Child Protective Services of Tulare County, et al, No. 1:2020cv01049 - Document 9 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 8 Findings and Recommendations; ORDERED that this action shall proceed only on plaintiffs 1983 familial association claim in her first cause of action against defendants Jennifer Menne and Melanie Huerta ; ORDERED that the matter is referred back to the assigned magistrate judge for further proceedings consistent with this order, signed by District Judge Dale A. Drozd on 1/2/2021. (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 CHONG SOOK LIM, 12 13 14 15 16 17 18 No. 1:20-cv-01049-NONE-SKO Plaintiff, v. CHILD PROTECTIVE SERVICES OF TULARE COUNTY; LYDIA SUAREZ; JENNIFER MENNE; and MELANIE HUERTA, Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT THE ACTION PROCEED AGAINST DEFENDANTS JENNIFER MENNE AND MELANIE HUERTA ON PLAINTIFF’S FIRST CAUSE OF ACTION AND THAT ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED (Doc. No. 8) 19 20 21 Plaintiff Chong Sook Lim is proceeding pro se and in forma pauperis in this civil rights 22 action brought pursuant to 42 U.S.C. § 1983 (“Section 1983”). On November 20, 2020, the 23 assigned magistrate judge screened plaintiff’s second amended complaint (Doc. No. 7) and issued 24 findings and recommendations, recommending that this case proceed only against defendants 25 Menne and Huerta, and that plaintiff’s claims against defendants Tulare County CPS and Suarez 26 be dismissed without leave to amend. (Doc. No. 8.) The findings and recommendations were 27 served that same day and provided plaintiff with twenty-one days in which to file objections. 28 (Id.) No objections were filed and the time to do so has passed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds that the 3 findings and recommendations are supported by the record and proper analysis. 4 Accordingly, 5 1. The November 20, 2020, findings and recommendations (Doc. No. 8) are adopted in 6 7 full; 2. This action shall proceed only on plaintiff’s § 1983 familial association claim in her 8 9 10 first cause of action against defendants Jennifer Menne and Melanie Huerta; 3. All other claims and defendants are dismissed; and 4. The matter is referred back to the assigned magistrate judge for further proceedings 11 12 13 consistent with this order. IT IS SO ORDERED. Dated: January 2, 2021 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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