(PS) Olajide v. Brown et al, No. 2:2017cv02168 - Document 43 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 2/20/18 ADOPTING 40 FINDINGS AND RECOMMENDATIONS: Defendants' Motions to Dismiss 12 , 21 are GRANTED. Defendants' motion to quash service 12 is DENIED as moot. The Clerk's entry of default 22 is set aside. The Clerk of Court shall close the case. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD OLAJIDE, 12 13 No. 2:17-cv-02168-TLN-KJN PS Plaintiff, v. ORDER 14 EDMUND G. BROWN, et al., 15 Defendants. 16 17 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 18 636(b)(1)(B) and Local Rule 302. On January 30, 2018, the magistrate judge filed findings and 19 recommendations, which were served on the parties and which contained notice that any 20 objections to the findings and recommendations were to be filed within fourteen (14) days. (ECF 21 No. 40.) On February 14, 2018, Plaintiff filed a request for reconsideration of the magistrate 22 judge’s ruling (ECF No. 41), which the Court construes as objections to the findings and 23 recommendations, and which have been considered by the Court. 24 This Court reviews de novo those portions of the proposed findings of fact to which an 25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 27 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 28 has been made, the Court assumes its correctness and decides the matter on the applicable law. 1 1 See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 2 conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 3 452, 454 (9th Cir. 1983). 4 The Court has reviewed the applicable legal standards and, good cause appearing, 5 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 6 IT IS HEREBY ORDERED that: 7 1. The findings and recommendations (ECF No. 40) are ADOPTED. 8 2. Defendants’ motions to dismiss Plaintiff’s complaint (ECF Nos. 12, 21) are 9 GRANTED as to all Defendants without leave to amend. 10 3. Defendants’ motion to quash service (ECF No. 12) is DENIED as moot. 11 4. The Clerk’s entry of default as to Defendants Thomas Asker, Xavier Becerra, Rob 12 Bonta, Edmund G. Brown, Brian Cardwell, John Chiang, Tevor Dewar, Elizabeth 13 Dunas, Michelle Gregory, Taylor Herrlinger, Sean Kelly, Tera Mackey, Jared 14 Metcalft, Nason Namikawa, Mike Robertson, Nancy Skinner, Michael Sparks, John 15 Winn (ECF No. 22) is set aside. 16 5. The Clerk of Court shall close the case. 17 18 Dated: February 20, 2018 19 20 21 Troy L. Nunley United States District Judge 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.