Arlin Grotius v. Riverside County et al

Filing 17

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE by Judge Dale S. Fischer for MOTION to Dismiss Complaint, 6 and Report and Recommendation (Issued), 14 . IT IS ORDERED that the Motion is GRANTED, pursuant to Rule 12(b)(6) o f the Federal Rules of Civil Procedure, as follows: (1) Claims One and Two of the Complaint are dismissed with leave to amend; (2) Claim Three of the Complaint is dismissed without leave to amend; and (3) Plaintiff is granted leave to file a First Am ended Complaint consistent with this Order and the Report. Plaintiff shall have thirty (30) days from the date of this Order within which to file and serve upon counsel for defendants a FirstAmended Complaint that attempts to cure the defects described in the Report. The First Amended Complaint, if any, shall be complete in itself; it shall not refer in any manner to the original Complaint. (mz)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

ARLIN GROTIUS,

12

Plaintiff,

13
14

v.
RIVERSIDE COUNTY, et al,
Defendants.

15

)
)
)
)
)
)
)
)
)
)

NO. CV 10-8777-DSF (MAN)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED STATES
MAGISTRATE JUDGE

16
17
18

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

19

defendants’ motion to dismiss the Complaint (“Motion”), all of the

20

records

21

Magistrate Judge (“Report”), and plaintiff’s Verified Opposition to the

22

Report.

23

the Report to which plaintiff has objected.

24

findings and recommendations set forth in the Report.

herein,

the

Report

and

Recommendation

of

United

States

The Court has engaged in a de novo review of those portions of
The Court accepts the

25
26
27
28

IT IS ORDERED that the Motion is GRANTED, pursuant to Rule
12(b)(6) of the Federal Rules of Civil Procedure, as follows:

1
2

(1)

Claims One and Two of the Complaint are dismissed with leave

to amend;

3
4
5

(2) Claim Three of the Complaint is dismissed without leave to
amend; and

6
7
8

(3) Plaintiff is granted leave to file a First Amended Complaint
consistent with this Order and the Report.

9
10

Plaintiff shall have thirty (30) days from the date of this Order

11

within which to file and serve upon counsel for defendants a First

12

Amended Complaint that attempts to cure the defects described in the

13

Report.

14

itself; it shall not refer in any manner to the original Complaint.

The First Amended Complaint, if any, shall be complete in

15
16

Plaintiff is explicitly cautioned that failure to timely file a

17

First Amended Complaint may result in a dismissal of this action for

18

failure to prosecute and/or for failure to comply with this Court’s

19

orders, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

20
21

6/27/11
DATED:

.

22
23
DALE S. FISCHER
UNITED STATES DISTRICT JUDGE

24
25
26
27
28
2