(PS)O'Keefe v. California Highway Patrol et al, No. 2:2014cv00792 - Document 13 (E.D. Cal. 2015)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 2/12/2015 ORDERING that the 12 Findings and Recommendations are ADOPTED IN FULL. This defendants' 10 motion to dismiss is GRANTED, with leave to file an amended complaint against Offic er Somovia. The claims against defendant California Highway Patrol under 42 U.S.C. § 1983 are DISMISSED without leave to amend. Plaintiff shall file an amended complaint within 30 days of the date of this order. Failure to file an amended complaint within the time provided may be grounds for dismissal of this action in its entirety. (Zignago, K.)

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(PS)O'Keefe v. California Highway Patrol et al Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENA RAE O’KEEFE 12 Plaintiffs, 13 14 No. 2:14-cv-0792-MCE-CMK v. ORDER CALIFORNIA HIGHWAY PATROL, et al., 15 Defendants. 16 Plaintiffs, proceeding pro se, bring this civil action. The matter was referred to a 17 18 United States Magistrate Judge pursuant to Eastern District of California local rules. On January 6, 2015, the Magistrate Judge filed findings and recommendations 19 20 herein which were served on the parties and which contained notice that the parties may file 21 objections within a specified time. No objections to the findings and recommendations have been 22 filed. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the Magistrate Judge’s analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The findings and recommendations filed January 6, 2015, are adopted in full; 27 /// 28 /// 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 2. This defendants’ motion to dismiss (Doc. 10) is granted, with leave to file an amended complaint against Officer Somovia; 3. The claims against defendant California Highway Patrol under 42 U.S.C. § 1983 are dismissed without leave to amend; 4. Plaintiff shall file an amended complaint within 30 days of the date of this order; and 5. Failure to file an amended complaint within the time provided may be grounds for dismissal of this action in its entirety. Dated: February 12, 2015 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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