Opinion

Bravo Acevedo v. Herbst

Court
District Court, E.D. California
Filed
Nov 15, 2024
Cited by
0 cases
Authority
More cited than 33.2%

indicating it is within the discretion of the Court 9 || to consider any new arguments made in objections

How later courts described this case

  • indicating it is within the discretion of the Court 9 || to consider any new arguments made in objections

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 MARIA CONSUELO BRAVO ACEVEDO, ) Case No.: 1:24-cv-0125 JLT SKO

)

12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND

) RECOMMENDATIONS, GRANTING

13 v. ) DEFENDANT’S MOTION TO DISMISS WITH

) LEAVE TO AMEND, AND TERMINATING AS

14 KAWEAH HEALTH, et al., ) MOOT PLAINTIFF’S MOTION TO CHANGE THE

) DEFENDANTS’ NAMES

15 Defendants. )

) (Docs. 7, 18, 24)

16 )

) ORDER DIRECTING PLAINTIFF TO FILE A

17 ) SECOND AMENDED COMPLAINT WITHIN 30

) DAYS

18 )

19 Maria Consuelo Bravo Acevedo seeks to hold the defendants liable for violations of her

20 constitutional rights. (See generally Doc. 11.) Kaweah Health moved to dismiss Plaintiff’s amended

21 complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 18.) The

22 magistrate judge found the allegations in the complaint “are vague and conclusory,” and Plaintiff

23 “fails to identify what each named defendant did that lead to the deprivation of [her] constitutional

24 rights.” (Doc. 24 at 3.) The magistrate judge found Plaintiff failed to allege facts sufficient to support

25 her claims for constitutional violations or discrimination under Title VII. (Id. at 3-7.) Because “the

26 factual basis for Plaintiff’s complaints is largely unclear,” the magistrate judge found the Court could

27 not determine whether the pleading deficiencies could be cured. (Id. at 7.) Therefore, the magistrate

28 judge recommended the motion to dismiss be granted, and Plaintiff be given leave to amend. (Id.)

1 Plaintiff filed timely objections to the Findings and Recommendations. (Doc. 26.) However,

2 || Plaintiff does not address the specific findings of the magistrate judge. (See id. at 1-5.) Rather,

3 || Plaintiff adds new factual allegations to support her claims. The new allegations do not undermine tt

4 || findings of the magistrate judge related to the pleading deficiencies of the amended complaint. See

5 || Ajaelo v. Carrillo, 2022 WL 35659, at *3 (S.D. Cal. Jan. 3, 2022) (“The new allegations and

6 || documents submitted by Plaintiff with [the] Objections are not a substitute for factual allegations in tl

7 ||Complaint.”). Furthermore, the Court declines to consider the new allegations at this juncture. See

8 || Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002) (indicating it is within the discretion of the Court

9 || to consider any new arguments made in objections). As the magistrate judge determined, the

10 || allegations stated in the amended complaint are vague and conclusory, and Plaintiff failed to allege

11 || facts sufficient to state cognizable claims.

12 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Havi

13 || carefully reviewed the matter, including Plaintiff's objections, the Court concludes the Findings and

14 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:

15 1. The Findings and Recommendations (Doc. 24) are ADOPTED in full.

16 2. Defendant’s motion to dismiss (Doc. 18) is GRANTED, with leave to amend.

17 3. Plaintiff's motion to change the defendants’ names (Doc. 7) is terminated as MOOT.

18 4. Plaintiff SHALL file a second amended complaint within 30 days of the date of servic

19 of this order. The second amended complaint SHALL include all factual allegations t

20 support the claims, without reference to prior pleadings.

21 Failure to file a second amended complaint within the specified timeframe will result in

22 the action being dismissed without prejudice for failure to prosecute and failure to

23 comply with the Court’s order.

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25 IT IS SO ORDERED.

26 || Dated: _ November 15, 2024 ( LAW pA LU. wan

27 TED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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