(PS) Schmidt, et al v. United States of America, et al, No. 2:2009cv00660 - Document 46 (E.D. Cal. 2010)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 7/28/2010 ORDERING that The 38 Findings and Recommendations filed May 27, 2010, are ADOPTED. The 24 26 motions to dismiss filed by the United States and defendants Ashton, Amador, Fonda, Ely and Norris on October 29, 2009 are GRANTED IN PART and DENIED IN PART. Deceased defendant Judge Buchmeyer is DISMISSED. Defendants Ely, Fonda and Norton are dismissed for lack of personaljurisdiction. The United States is dismissed from every Coun t except for Count I. Bivens claims against defendants Amador and Ashton, with the exception of Jordyn Manzers claim, are dismissed on the basis of the statute of limitations. All of Jordyn Manzer's claims, improperly brought on his behalf when he was a minor, are dismissed with leave for him to file an amended complaint within 30 days either through counsel or personally pro se.(Duong, D)
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(PS) Schmidt, et al v. United States of America, et al Doc. 46 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LONNIE G. SCHMIDT, et al., 11 12 Plaintiff, CIV-S-09-660 LKK GGH PS vs. 13 UNITED STATES OF AMERICA, et al., 14 Defendants. 15 __________________________________/ 16 ORDER On May 27, 2010, the magistrate judge filed findings and recommendations herein 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within fourteen days. Plaintiffs filed objections on June 19 14, 2010, defendants filed a reply to plaintiffs’ objections on June 29, 2010, and they were 20 considered by the district judge. 21 This court reviews de novo those portions of the proposed findings of fact to 22 which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 23 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 24 (1982). As to any portion of the proposed findings of fact to which no objection has been made, 25 the court assumes its correctness and decides the motions on the applicable law. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 1 Dockets.Justia.com 1 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 2 1983). 3 The court has reviewed the applicable legal standards and, good cause appearing, 4 concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly, 5 IT IS ORDERED that: 6 1. The Findings and Recommendations filed May 27, 2010, are ADOPTED; 7 2. The motions to dismiss filed by the United States and defendants Ashton, 8 Amador, Fonda, Ely and Norris on October 29, 2009 (dkt #’s 24, 26) are granted in part and 9 denied in part; 10 3. Deceased defendant Judge Buchmeyer is dismissed; 11 4. Defendants Ely, Fonda and Norton are dismissed for lack of personal 12 jurisdiction; 13 5. The United States is dismissed from every Count except for Count I; 14 6. Bivens claims against defendants Amador and Ashton, with the exception of 15 16 Jordyn Manzer’s claim, are dismissed on the basis of the statute of limitations; 7. All of Jordyn Manzer’s claims, improperly brought on his behalf when he was 17 a minor, are dismissed with leave for him to file an amended complaint within 30 days either 18 through counsel or personally pro se. 19 DATED: July 28, 2010. 20 21 22 23 24 25 26 2