Andre Andrews v. Oscar Dominguez et al

Filing 29

ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DENYING IN PART DEFENDANTS' MOTION TO DISMISS WITH RESPECT TO PLAINTIFF'S FIRST CLAIM AGAINST DEFENDANT OFFICER DOMINGUEZ AND GRANTING IN PA RT WITH RESPECT TO DISMISSING PLAINTIFFS SECOND AND THIRD CLAIMS WITHOUT LEAVE TO AMEND ACCEPTING REPORT AND RECOMMENDATIONS by Judge Michael W. Fitzgerald. IT IS THEREFORE ORDERED that an Order be entered (1) accepting the findings of the United St ates Magistrate Judge; (2) directing that Defendants' Motion to Dismiss be granted in part with respect to dismissing Plaintiff's second and third claims without leave to amend and denied with respect to Plaintiff's first claim against Defendants; and (3) that Defendants file an Answer to the First Amended Complaint within 20 days of date of this Order. 20 26 [SEE ORDER FOR FURTHER DETAILS] (gr) Modified on 1/30/2013 (gr).

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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ANDRE ANDREWS,

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Plaintiff,

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v.
OSCAR DOMINGUEZ, et al.,

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Defendants.

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No. CV 11-08263-MWF (VBK)
ORDER (1) ACCEPTING THE FINDINGS
AND RECOMMENDATIONS OF THE UNITED
STATES MAGISTRATE JUDGE, AND (2)
DENYING IN PART DEFENDANTS’
MOTION TO DISMISS WITH RESPECT TO
PLAINTIFF’S FIRST CLAIM AGAINST
DEFENDANT OFFICER DOMINGUEZ AND
GRANTING IN PART WITH RESPECT TO
DISMISSING PLAINTIFF’S SECOND AND
THIRD CLAIMS WITHOUT LEAVE TO
AMEND

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

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Amended Complaint and all other papers along with the attached Report

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and Recommendation of the United States Magistrate Judge, and has made

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a de novo determination of the Report and Recommendation.

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IT IS THEREFORE ORDERED that an Order be entered (1) accepting

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the findings of the United States Magistrate Judge; (2) directing that

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Defendants’ Motion to Dismiss be granted in part with respect to

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dismissing Plaintiff’s second and third claims without leave to amend

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//

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and denied with respect to Plaintiff’s first claim against Defendants;

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and (3) that Defendants file an Answer to the First Amended Complaint

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within 20 days of date of this Order.

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DATED: January 29, 2013
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE