Darrell J Moore v. Rudolf Montiel et al

Filing 59

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge George H. Wu. IT IS THEREFORE ORDERED that Defendants' motions to dismiss (docket nos. 15, 19, and 22) filed May 31, 2011 be granted; that the complaint be dis missed without leave to amend; and that judgment be entered dismissing Plaintiff's state law claims in COA 1 without prejudice and dismissing all other claims, with prejudice, for failure to state a claim and, as to Defendant Judge Jones, on grounds of immunity. 54 [SEE ORDER FOR FURTHER DETAILS] (gr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DARRELL J. MOORE, SR.,
Plaintiff,

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v.

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RUDOLF MONTIEL, et al.,

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Defendants.

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No. CV 11-3391-GW(CW)
ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636(b)(1)(C), the court has reviewed the

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entire record in this action, as well as the Report and Recommendation

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of the United States Magistrate Judge.

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novo review of those portions of the Report and Recommendation to

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which objection has been made.

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recommendation of the Magistrate Judge, with the following correction:

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at P. 10, line 7, the heading should read, “COA 3 SHOULD BE DISMISSED

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ON GROUNDS OF IMMUNITY.”

The court has engaged in a de

The court accepts the findings and

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IT IS THEREFORE ORDERED that Defendants’ motions to dismiss

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(docket nos. 15, 19, and 22) filed May 31, 2011 be granted; that the

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complaint be dismissed without leave to amend; and that judgment be
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entered dismissing Plaintiff’s state law claims in COA 1 without

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prejudice and dismissing all other claims, with prejudice, for failure

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to state a claim and, as to Defendant Judge Jones, on grounds of

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immunity.

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DATED:

February 5, 2013

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GEORGE H. WU
United States District Judge

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