(PS) Franklin v. County of Placer et al, No. 2:2017cv02277 - Document 42 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 6/25/2018 The PROPOSED FINDINGS AND RECOMMENDATIONS 39 are ADOPTED; Defendants James Dawson and Trilla Bahrke's 4 motion to dismiss is GRANTED and all claims against them are DISMISSED without leave to amend; North Tahoe Fire Protection District, Todd Conradson, and Scott Sedgwick's 5 motion to dismiss is GRANTED and all claims against them are DISMISSED with leave to amend; Richard Bahrke and Emily Dawson' motion 25 to Dism iss is GRANTED and all claims against them are DISMISSED without leave to amend; Plaintiff's 18 , 31 motion for leave to file the proposed amended complaint is DENIED; Plaintiff's 34 motion to strike is DENIED; Plaintiff's 36 , 38 motions for a TRO and Preliminary Injunction are DENIED; Plaintiff is GRANTED 30 days from the date this order is served to file an amended complaint as provided in the magistrate judge's F & R's. (Reader, L)
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(PS) Franklin v. County of Placer et al Doc. 42 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MIKE FRANKLIN, 11 12 No. 2:17-cv-2277-JAM-EFB PS Plaintiff, v. ORDER 13 COUNTY OF PLACER, et al., 14 Defendants. 15 16 On April 25, 2018, the magistrate judge filed findings and recommendations herein which 17 were served on the parties and which contained notice that any objections to the findings and 18 recommendations were to be filed within fourteen days. Despite an extension of time granted to 19 plaintiff, no objections were filed. 20 21 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 22 Accordingly, IT IS ORDERED that: 23 1. The proposed Findings and Recommendations filed April 25, 2018, are ADOPTED. 24 2. Defendants James Dawson and Trilla Bahrke’s motion to dismiss (ECF No. 4) is 25 granted and all claims against them are dismissed without leave to amend. 26 3. Defendants North Tahoe Fire Protection District, Todd Conradson, and Scott 27 Sedgwick’s motion to dismiss (ECF No. 5) is granted and all claims against them are dismissed 28 with leave to amend. Dockets.Justia.com 1 2 3 4 4. Defendants Richard Bahrke and Emily Dawson’s motion to dismiss (ECF No. 25) is granted and all claims against them are dismissed without leave to amend. 5. Plaintiff’s motion for leave to file the proposed amended complaint (ECF No. 18, 31) is denied. 5 6. Plaintiff’s motion to strike (ECF No. 34) is denied. 6 7. Plaintiff’s motions for a temporary restraining order and preliminary injunction (ECF 7 8 9 No. 36, 38) are denied. 8. Plaintiff is granted thirty days from the date this order is served to file an amended complaint as provided in the magistrate judge’s findings and recommendations. 10 11 12 DATED: June 25, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2