(PS) Giddens v. City of Suisun et al, No. 2:2014cv00943 - Document 21 (E.D. Cal. 2014)
Court Description: ORDER signed by District Judge Troy L. Nunley on 11/17/2014 ADOPTING IN FULL 19 Findings and Recommendations; GRANTING IN PART, DENYING IN PART 6 Motion to Dismiss. (Michel, G)
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(PS) Giddens v. City of Suisun et al Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD GIDDENS, 12 13 14 No. 2:14-cv-0943 TLN AC Plaintiff, v. ORDER CITY OF SUISUN, et al., 15 Defendants. 16 17 18 19 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On October 20, 2014, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. (ECF No. 19.) Neither 22 party has filed objections to the findings and recommendations. 23 The Court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 1. The findings and recommendations filed October 20, 2014, are adopted in full; 27 2. Defendants’ September 2, 2014, motion to dismiss, ECF NO. 6, is GRANTED IN 28 PART and DENIED IN PART as follows: 1 Dockets.Justia.com 1 a. GRANTED as to Plaintiff’s third (Conspiracy), fourth (Equal Protection), fifth 2 (Unconstitutional Policy), thirteenth (Dilution of Vote) and fourteenth (Dilution of 3 Representation) causes of action, with leave to amend; 4 b. GRANTED as to Plaintiff’s seventh (Malicious Prosecution) cause of action, without 5 leave to amend; c. GRANTED as to Plaintiff’s eleventh (Intentional Infliction of Emotional Distress) 6 7 cause of action, without leave to amend insofar as it is predicated on malicious prosecution but 8 without prejudice to an Intentional Infliction of Emotional Distress claim based on injuries 9 outside the scope of Cal. Gov. Code § 821.6 immunity; d. GRANTED as to Plaintiff’s twelfth (Separation of Powers) cause of action, without 10 11 leave to amend insofar as it is predicated on Article 3 Section 3 of the California Constitution, but 12 without prejudice to a related claim with a different legal basis; and e. DENIED as to Plaintiff’s sixth (Failure to Train, Supervise, and Discipline) cause of 13 14 action. 15 Dated: November 17, 2014 16 17 18 19 Troy L. Nunley United States District Judge 20 21 22 23 24 25 26 27 28 2
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