-KJN (PS) McCain v. California Highway Patrol et al, No. 2:2011cv01265 - Document 90 (E.D. Cal. 2011)

Court Description: ORDER adopting 38 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 12/9/11. Defendant California Highway Patrol's 4 Motion to Dismiss is GRANTED. All of plaintiff's claims against defendant California Highway Patrol are DISMISSED with prejudice, and defendant California Highway Patrol is DISMISSED from this action. (Kastilahn, A)
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-KJN (PS) McCain v. California Highway Patrol et al Doc. 90 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRYLYN MCCAIN, 11 Plaintiff, v. 12 13 No. CIV-S-11-1265-KJM-KJN-PS CALIFORNIA HIGHWAY PATROL, et al., 14 Defendants. ORDER 15 / 16 On August 4, 2011, the magistrate judge filed findings and recommendations 17 18 (ECF No. 38), which were served on the parties and which contained notice that any objections 19 to the findings and recommendations were to be filed within fourteen days. On August 18, 2011, 20 plaintiff filed objections to the proposed findings and recommendations (ECF No. 47), which the 21 court has considered. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 22 23 304, this court has conducted a de novo review of this case. Having carefully reviewed the file, 24 the court finds the findings and recommendations to be supported by the record and by the 25 proper analysis. 26 ///// 1 Dockets.Justia.com 1 2 The court has reviewed the applicable legal standards and, good cause appearing, concludes the findings and recommendations should be adopted in full. 3 Accordingly, IT IS ORDERED that: 4 1. The Findings and Recommendations filed August 4, 2011, are ADOPTED; 5 2. Defendant California Highway Patrol’s motion to dismiss (ECF No. 4) is 6 granted; and 7 3. All of plaintiff’s claims against defendant California Highway Patrol are 8 dismissed with prejudice, and defendant California Highway Patrol is dismissed from this action. 9 DATED: December 9, 2011. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /mccain.jo.38 2