(PS) McGuire et al v. Roseville Joint Union High School District et al, No. 2:2022cv00125 - Document 43 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 8/4/2023 ADOPTING 35 Findings and Recommendations in Full, GRANTING 25 Motion to Dismiss and DISMISSING 24 First Amended Complaint without leave to amend. CASE CLOSED. (Donati, J)

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(PS) McGuire et al v. Roseville Joint Union High School District et al Doc. 43 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DESIREE McGUIRE, et al., 12 Plaintiffs, 13 14 15 16 No. 2:22-cv-00125-TLN-JDP ORDER v. ROSEVILLE JOINT UNION HIGH SCHOOL DISTRICT, et al., Defendants. 17 On June 6, 2023, the magistrate judge filed findings and recommendations herein which 18 were served on the parties, and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. Plaintiff filed objections on July 27, 20 2023, and the undersigned considered these objections. 21 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 22 23 24 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 25 Having reviewed the file, the Court finds the findings and recommendations to be supported by 26 the record and by the proper analysis. 27 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed June 6, 2023(ECF No. 35) are 3 ADOPTED IN FULL; 4 2. Defendants’ motion to dismiss (ECF No. 25) is GRANTED; 5 3. Plaintiffs’ first amended complaint (ECF No. 24) is DISMISSED without leave to 6 7 8 amend; and 4. The Clerk of Court is directed to close the case. Date: August 4, 2023 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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