Tommy Phillips v. Robert L Ayers et al
Filing
44
ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Dean D. Pregerson, Pursuant to 28 U.S.C. Section 636(b)(1)(C), the Court has reviewed the Complaint and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Rcommendation. IT IS THEREFORE ORDERED that an Order entered (1) approving and adopting the Report and Recommendation, (2) partially granting Defendants Motion to Dismiss, namely dismissin g Plaintiffs due process and excessive force claims against Defendants Ayers and Campbell, and plaintiffs due process claim in its entirety, all without leave to amend. The Motion is DENIED as to the free exercise of religion claim. Re: Report and Recommendation Issued) 41 (lmh)
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION
TOMMY PHILLIPS, Plaintiff, v. ROBERT L. AYERS, JR. et al., Defendants.
) CV 07-2897-DDP (SH) ) ) ORDER ADOPTING REPORT AND ) RECOMMENDATION OF UNITED ) STATES MAGISTRATE JUDGE ) ) ) ) ) )
Pursuant to 28 U.S.C. Section 636(b)(1)(C), the Court has reviewed the Complaint and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation. /// /// ///
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IT IS THEREFORE ORDERED that an Order entered (1) approving and adopting the Report and Recommendation, (2) partially granting Defendants' Motion to Dismiss, namely dismissing Plaintiff's due process and excessive force claims against Defendants Ayers and Campbell, and plaintiff's due process claim in its entirety, all without leave to amend. The Motion is denied as to the free exercise of religion claim. IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order Adopting and the Order of this date on the Plaintiff and counsel for Defendants. DATED: May 12, 2010 ___________________________________ DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE
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