Summary
finding Plaintiff's allegation of an unlawful car stop was sufficient on a motion to dismiss where she was allegedly "sitting in her vehicle at the park reading a book and did nothing wrong"
Summary of this case from Raiser v. San Diego Cnty.Opinion
No. 2:11-cv-2281 GEB GGH PS
08-03-2012
CD ALSTON, Plaintiff, v. COUNTY OF SACRAMENTO, et al., Defendants.
ORDER
On July 10, 2012, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen (14) days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY
ORDERED that:
1. The findings and recommendations (dkt. no. 27) are ADOPTED IN FULL;
2. Defendants' motion to dismiss (dkt. no. 16) is GRANTED with respect to all claims, EXCEPT for plaintiff's claim against defendants Kossow and Short under 42 U.S.C. § 1983 for violation of the Fourth Amendment under a theory of unlawful detention;
2. Plaintiff's claims against defendants Kossow and Short under 42 U.S.C. § 1983 for violation of the Fourth Amendment under theories of unlawful search and conspiracy to violate plaintiff's Fourth Amendment rights are DISMISSED WITH LEAVE TO AMEND;
3. Plaintiff's remaining claims against defendants Kossow and Short are DISMISSED WITH PREJUDICE;
4. Defendants County of Sacramento, Sacramento County Sheriff Department, Matt Morgan, and Scott Jones are DISMISSED WITH PREJUDICE from the action; and
5. Plaintiff shall file a second amended complaint in accordance with the magistrate judge's findings and recommendations within 28 days of this order.
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GARLAND E. BURRELL, JR.
Senior United States District Judge