Tyrone D. Newman v. Ventura County et al

Filing 52

ORDER ADOPTING AMENDED REPORT AND RECOMMENDATIONS by Judge James V. Selna for Report and Recommendation (Issued), Report and Recommendation (Issued) 48 ; See order for details. (jy)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS ORDERED that: (1) The Amended Report and Recommendation IS APPROVED AND ADOPTED; TYRONE D. NEWMAN, #V-29771 ) Case No. CV 09-4160-JVS(RC) ) Plaintiff, ) ) vs. ) ORDER ADOPTING AMENDED REPORT AND ) RECOMMENDATION OF UNITED STATES COUNTY OF VENTURA, VENTURA ) COUNTY SHERIFF'S DEPARTMENT, ) CALIFORNIA FORENSIC MEDICAL ) GROUP INC., ANNA GARCIA R.N., ) DANNY CALDERON AND DOES 1-4, ) ) Defendants. ) ) The Court has made a de novo determination, after reviewing the amended complaint and other papers along with the attached Amended Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman and inferring plaintiff has no objection to the Amended Report and Recommendation since he has lodged the Second Amended Complaint. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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(2) defendants' motions for a more definite statement IS DENIED; (3) plaintiff's motion to supplement his First Amended Complaint to add a table of contents IS DENIED; (4) defendants' motions to dismiss all Ninth Amendment claims IS GRANTED, and these claims are dismissed with prejudice; (5) defendants' motion to dismiss all equal protection of law claims IS GRANTED, and these claims are dismissed with prejudice; (6) defendants' motion to dismiss Claims Three, Four, Nine and Twelve IS GRANTED, and these claims are dismissed with prejudice and plaintiff is prohibited from repleading these claims, and all claims against defendants Anna Garcia R.N. and Doe no. 4 are dismissed; (7) defendants' motion to dismiss Claims One, Two, Five through Eight, Ten, Eleven, and Thirteen through Sixteen IS GRANTED with leave to amend, and plaintiff shall, if he chooses to pursue these claims, file a Second Amended Complaint correcting the deficiencies noted herein and raising only these claims; and (8) defendants' motion to dismiss plaintiff's supplemental state law claims IS GRANTED, and these claims are dismissed without prejudice.

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IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the Magistrate Judge's Amended Report and Recommendation by the United States mail on plaintiff. DATED: March 26, 2010 ____________________________ JAMES V. SELNA UNITED STATES DISTRICT JUDGE
R&R\09-4160.ADO3 - 3/24/10

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