(PS) Walton v. Davis, et al, No. 2:2018cv00080 - Document 22 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge Troy L. Nunley on 8/29/2019 ADOPTING 21 Findings and Recommendations in full, GRANTING 12 Motion to Dismiss the amended complaint's false arrest claim, DISMISSING that claim without further leave to amended, and DENYING 12 Motion to Dismiss Plaintiff's judicial deception claim. Defendants are ORDERED to file an answer to the amended complaint's excessive force and judicial deception claims within 14 days of the date of this Order. (Huang, H)
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(PS) Walton v. Davis, et al Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY WAYNE WALTON II, 12 No. 2:18-cv-00080-TLN-DB Plaintiff, 13 v. ORDER 14 COUNTY OF SUTTER, et al., 15 Defendants. 16 Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a 17 18 United States Magistrate Judge pursuant to Local Rule 302(c)(21). On August 2, 2019, the magistrate judge filed findings and recommendations herein 19 20 which were served on all parties and which contained notice that any objections to the findings 21 and recommendations were to be filed within fourteen days after service of the findings and 22 recommendations. (ECF No. 21.) The time for filing objections has expired, and no party has 23 filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 2, 2019 (ECF No. 21) are adopted in 3 4 5 6 7 8 9 10 full; 2. Defendants’ motion to dismiss (ECF No. 12) the amended complaint’s false arrest claim is GRANTED and that claim is dismissed without further leave to amended; 3. Defendants’ motion to dismiss (ECF No. 12) Plaintiff’s judicial deception claim is DENIED; and 4. Defendants are ordered to file an answer to the amended complaint’s excessive force and judicial deception claims within fourteen days of the date of this Order. Dated: August 29, 2019 11 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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