Derello v. Arpaio et al

Filing 126

ORDER ADOPTING REPORT AND RECOMMENDATION: The Magistrate Judge's Report and Recommendation (Doc. 113 ) is accepted and adopted by the Court. IT IS FURTHER ORDERED that the plaintiff's Notice of Third Amended Complaint (Doc. 99 ), const rued as a motion to file a third amended complaint, is granted in part and denied in part. It is granted to the extent that the plaintiff shall file a Third Amended Complaint no later than October 30, 2015, that includes Counts One, Two and Three a s they appear in the proposed Third Amended Complaint (Doc. 98 ). It is denied to the extent that the Third Amended Complaint shall exclude Count Four of the proposed Third Amended Complaint (Doc. 98 ) and proposed defendant Sgt. Young. Signed by Senior Judge Paul G Rosenblatt on 10/6/15. (KGM)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Douglas Wayne Derello, 10 Plaintiff, 11 vs. 12 Joseph M. Arpaio, et al., 13 Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-13-00081-PHX-PGR (BSB) ORDER 16 The Court having reviewed de novo the Magistrate Judge Bade’s Report and 17 Recommendation notwithstanding that no party has filed any objection to the Report 18 and Recommendation, 19 20 IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 113) is accepted and adopted by the Court. 21 IT IS FURTHER ORDERED that the plaintiff’s Notice of Third Amended 22 Complaint (Doc. 99), construed as a motion to file a third amended complaint, is 23 granted in part and denied in part. It is granted to the extent that the plaintiff shall 24 file a Third Amended Complaint no later than October 30, 2015, that includes 25 Counts One, Two and Three as they appear in the proposed Third Amended 26 Complaint (Doc. 98). It is denied to the extent that the Third Amended Complaint 1 shall exclude Count Four of the proposed Third Amended Complaint (Doc. 98) and 2 proposed defendant Sgt. Young. 3 DATED this 6th day of October, 2015. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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