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Estate of Elkins v. California Highway Patrol

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 17, 2013
Case No. 1:13-cv-01483-AWI-SAB (E.D. Cal. Dec. 17, 2013)

Opinion

Case No. 1:13-cv-01483-AWI-SAB

12-17-2013

THE ESTATE OF CECIL ELKINS, JR., et al., Plaintiffs, v. CALIFORNIA HIGHWAY PATROL, et al., Defendants.


ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS


ECF NO. 20

On October 7, 2013, Defendant California Highway Patrol ("CHP") filed a motion to dismiss. (ECF No. 10.) On November 18, 2013, the magistrate judge assigned to this action issued a Findings and Recommendations recommending that the motion to dismiss be granted. (ECF No. 20.) The Findings and Recommendations contained notice that any objections were to be filed within fourteen (14) days. On December 2, 2013, Plaintiffs filed objections to the Findings and Recommendations. (ECF No. 21.)

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and by proper analysis.

Plaintiffs filed objections under the incorrect impression that the Findings and Recommendations recommended that Plaintiffs' claims against Doe defendants be dismissed. However, the Findings and Recommendations did not make any findings or any recommendations with respect to Plaintiffs' claims against the Doe defendants.

Accordingly, it is HEREBY ORDERED that:

1. The Findings and Recommendations dated November 18, 2013 are ADOPTED IN FULL;
2. Defendant California Highway Patrol's motion to dismiss is GRANTED and Defendant California Highway Patrol is DISMISSED from this action.
IT IS SO ORDERED.

________________

SENIOR DISTRICT JUDGE


Summaries of

Estate of Elkins v. California Highway Patrol

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Dec 17, 2013
Case No. 1:13-cv-01483-AWI-SAB (E.D. Cal. Dec. 17, 2013)
Case details for

Estate of Elkins v. California Highway Patrol

Case Details

Full title:THE ESTATE OF CECIL ELKINS, JR., et al., Plaintiffs, v. CALIFORNIA HIGHWAY…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Dec 17, 2013

Citations

Case No. 1:13-cv-01483-AWI-SAB (E.D. Cal. Dec. 17, 2013)