-KJN (PS) Winters, et al v. Jordan, et al, No. 2:2009cv00522 - Document 287 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 5/9/11 ORDERING the Proposed Findings and Recommendations filed March 10, 2011, are ADOPTED; Defendant Dewey Harpainter's motion to dismiss the Third Amended Complaint (Dkt. No. 131), is granted in part and denied in part; and All of plaintiffs' claims alleged against defendant Dewey Harpainter, except the claim of trespass on land asserted by plaintiffs Cacey and Jennifer Winters, are dismissed with prejudice.(Matson, R)
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-KJN (PS) Winters, et al v. Jordan, et al Doc. 287 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT ALLEN WINTERS, et al., 11 12 13 Plaintiff, No. CIV-S-09-0522-JAM-KJN-PS vs. DELORES JORDAN, et al., 14 15 16 Defendants. __________________________________/ ORDER On March 10, 2011 , the magistrate judge filed findings and recommendations (Dkt. No. 17 267) herein which were served on the parties and which contained notice that any objections to 18 the findings and recommendations were to be filed within fourteen days. Objections have been 19 filed. (Dkt. No. 274.) 20 The court presumes that any findings of fact are correct. See Orand v. United States, 602 21 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 22 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 23 24 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 25 Accordingly, IT IS ORDERED that: 26 1. The Proposed Findings and Recommendations filed March 10, 2011, are ADOPTED; 1 Dockets.Justia.com 1 2 3 2. Defendant Dewey Harpainter’s motion to dismiss the Third Amended Complaint (Dkt. No. 131), is granted in part and denied in part; and 3. All of plaintiffs’ claims alleged against defendant Dewey Harpainter, except the claim 4 of trespass on land asserted by plaintiffs Cacey and Jennifer Winters, are dismissed with 5 prejudice. 6 DATED: May 9, 2011 7 8 /s/ John A. Mendez 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2