(PS) Whelan v Donahoe, No. 2:2014cv01096 - Document 23 (E.D. Cal. 2014)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/14/2014 ADOPTING IN FULL 18 Findings and Recommendations; GRANTING 8 Motion to Dismiss the 1 Complaint in part; DISMISSING all claims based on conduct other than the plaintiff's actual demotion. (Michel, G)

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(PS) Whelan v Donahoe Doc. 23 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HELEN WHELAN, 12 13 14 No. 2:14-cv-1096 TLN CKD PS Plaintiff, v. ORDER PATRICK DONAHOE, 15 Defendant. 16 17 18 19 Plaintiff filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c). On October 3, 2014, the magistrate judge filed findings and recommendations herein 20 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 21 findings and recommendations were to be filed within fourteen days. Objections to the findings 22 and recommendations have been filed. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 Court finds the findings and recommendations to be supported by the record and by proper 26 analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The findings and recommendations filed October 3, 2014 are adopted in full; 1 Dockets.Justia.com 1 2. Defendant’s motion to dismiss the complaint in part (ECF No. 8) is granted; and 2 3. All claims based on conduct other than Plaintiff’s actual demotion are dismissed. 3 4 Dated: November 14, 2014 5 6 7 8 Troy L. Nunley United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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