Oscar Machado et al v. California Department of Corrections and Rehabilitation et al

Filing 93

Order Accepting Report and Recommendation of United States Magistrate Judge by Judge Christina A. Snyder: IT IS HEREBY ORDERED that: 1. The Magistrate Judges Report and Recommendation 80 , as supplemented by the Supplemental Report and Recommendation 91 , is approved and accepted. (see document for details) (mu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF )
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CORRECTIONS et al.,
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Defendants.
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OSCAR MACHADO,

Case No. CV 13-01703-CAS (DFM)
Order Accepting Report and
Recommendation of United States
Magistrate Judge

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

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Amended Complaint, the records on file, the Report and Recommendation of

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the assigned United States Magistrate Judge, and the Supplemental Report and

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Recommendation of the Magistrate Judge. Further, the Court has made a de

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novo determination of those portions of the reports to which objections are

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made.

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IT IS HEREBY ORDERED that:

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1.

The Magistrate Judge’s Report and Recommendation, as

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supplemented by the Supplemental Report and Recommendation, is approved

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and accepted.

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2.

Defendant CDCR’s motion to dismiss is granted and Plaintiff’s

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state-law claims against Defendant CDCR for assault and battery are

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dismissed without leave to amend.

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3.

Defendants’ motion to dismiss is otherwise denied.

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4.

Plaintiff’s motion to file a supplemental complaint is denied.

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Dated: January 6, 2015
______________________________
CHRISTINA A. SNYDER
United States District Judge

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