(PS) Creer v. City of Vallejo et al, No. 2:2014cv01428 - Document 13 (E.D. Cal. 2015)

Court Description: ORDER adopting in full 12 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 7/23/15. Defendants' 6 Motion to Dismiss is granted in part and denied in part. Defendants are directed to file an answer to the amended complaint within 14 days of the date of this order. (Kastilahn, A)

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(PS) Creer v. City of Vallejo et al Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LATASHA NICOLE CREER, 12 13 14 No. 2:14-cv-1428 JAM DAD PS Plaintiff, v. ORDER CITY OF VALLEJO, et al., 15 Defendants. 16 17 18 19 Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On June 17, 2015, the magistrate judge filed findings and recommendations herein which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days after service of the findings 22 and recommendations. The fourteen-day period has expired, and no party has filed objections to 23 the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 28 1. The findings and recommendations filed June 17, 2015 (Dkt. No. 12) are adopted in full; 1 Dockets.Justia.com 1 2. Defendants’ September 23, 2014 motion to dismiss (Dkt. No. 6) is granted as to 2 the amended complaint’s state law battery claim against defendants Knight, Long and Martinez as 3 well as with respect to the punitive damages claim against defendant City of Vallejo; 4 5 3. Defendants’ September 23, 2014 motion to dismiss (Dkt. No. 6) is denied in all other respects; and 6 4. Defendants are directed to file an answer to the amended complaint within 14 7 days of the date of this order. 8 DATED: July 23, 2015 9 /s/ John A. Mendez________________________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /creer1428.jo 25 26 27 28 2

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