Leo Anthony Esparza v. Leroy D Baca et al

Filing 92

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Philip S. Gutierrez for Report and Recommendation (Issued),, 90 , Notice of Report and Recommendation 91 . IT IS HEREBY ORDERED that: (1) accepting this Report and Recommendation; (2) granting Defendants Motion for Summary Judgment with respect to Plaintiffs Fourteenth Amendment substantive due process claims based on punitive conditions of confinement against Defendant Antuna in his individual capacity and Defendant Baca in his official capacity; and (3) directing that Judgment be entered dismissing the Third Amended Complaint with prejudice. (am)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LEO ANTHONY ESPARZA,

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v.

Plaintiff,

14 LEROY D. BACA, INDIVIDUAL,
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Defendant.

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Case No. CV 07-04118-PSG (OP)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended

18 Complaint, all the records and files herein, and the Report and Recommendation
19 of the United States Magistrate Judge. The Court accepts the findings,
20 conclusions, and recommendations of the Magistrate Judge,
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IT IS HEREBY ORDERED that: (1) accepting this Report and

2 Recommendation; (2) granting Defendants’ Motion for Summary Judgment with
3 respect to Plaintiff’s Fourteenth Amendment substantive due process claims based
4 on punitive conditions of confinement against Defendant Antuna in his individual
5 capacity and Defendant Baca in his official capacity; and (3) directing that
6 Judgment be entered dismissing the Third Amended Complaint with prejudice.
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8 DATED:

April 18, 2013

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HONORABLE PHILIP S. GUTIERREZ
United States District Judge

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Prepared by:

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_____________________________
14 HONORABLE OSWALD PARADA
United States Magistrate Judge
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