-KJN (PS) McCain v. California Highway Patrol et al, No. 2:2011cv01265 - Document 91 (E.D. Cal. 2011)

Court Description: ORDER adopting 52 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 12/9/11. Defendants Mike's Towing Service, Inc., and Michael Olivarez's 7 , 16 Motion to Dismiss is GRANTED in PART and DENIED in PART. (Kastilahn, A)
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-KJN (PS) McCain v. California Highway Patrol et al Doc. 91 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 Plaintiffs 12 13 No. CIV-S-11-1265-KJM-KJN-PS v. CALIFORNIA HIGHWAY PATROL, et al., 14 Defendants. 16 ORDER / 15 On August 26, 2011, the magistrate judge filed findings and recommendations 17 (ECF No. 52), which were served on the parties and which contained notice that any objections 18 to the findings and recommendations were to be filed within fourteen days. On September 12, 19 2011, plaintiff filed objections to the proposed findings and recommendations (ECF No. 53), 20 which the court has considered. On September 19, 2011, defendants Mike’s Towing Service, 21 Inc. and Michael Olivarez filed a response to plaintiff’s objections (ECF No. 59), which the 22 court also has considered. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, the court has conducted a de novo review of this case. Having carefully reviewed the file, 25 the court finds the findings and recommendations to be supported by the record and by the 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed August 26, 2011, are ADOPTED. 3 2. The motion to dismiss plaintiff’s complaint filed by defendants Mike’s Towing 4 Service, Inc. and Michael Olivarez (see ECF Nos. 7, 16) is granted in part and denied in part. 5 3. Plaintiff’s claims for relief alleged against defendants Mike’s Towing Service, 6 Inc. and Michael Olivarez are dismissed with prejudice to the extent that they are premised on 7 plaintiff’s “right to travel.” 8 9 10 4. The motion to dismiss filed by defendants Mike’s Towing Service, Inc. and Michael Olivarez is denied in all other respects. DATED: December 9, 2011. 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 /mcca1265.52.jo 26 2