Lee Cook v. Joseph Torres et al

Filing 43

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Josephine L. Staton. Accordingly, the Court accepts and adopts the Magistrate Judge's Report and Recommendation. Consistent with the Report an d Recommendation, IT IS ORDERED that: (1) Defendants' Motion to Dismiss on the grounds that the Second Amended Complaint fails to state a claim under 42 U.S.C. § 1983 and state tort law is GRANTED; (2) Defendants' Motion to Dismiss on the grounds of qualified immunity is DENIED without prejudice; (3) Defendants' Motion to Strike Plaintiff's requests for punitive damages against Defendants in their official capacity is GRANTED; (4) Defendants' Motion to Strike Plaint iff's requests for punitive damages against Defendants in their individual capacity is DENIED without prejudice; (5) Plaintiff shall file a Third Amended Complaint correcting the deficiencies identified in the Magistrate Judge's Report and Recommendation within fourteen (14) days of the date of this Order if he wishes to pursue this litigation. (mr)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

LEE COOK,

Case No. CV 13-2030 JLS (SS)
Plaintiff,

12
v.

13
14

ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND

JOSEPH TORRES, et al.,

RECOMMENDATIONS OF UNITED

Defendants.

15

STATES MAGISTRATE JUDGE

16
Pursuant

17

to

28

Amended

§

636,

Court

has

19

Dismiss,

20

herein, and the Report and Recommendation of the United States

21

Magistrate Judge.

22

no Objections have been received.

23

and adopts the Magistrate Judge’s Report and Recommendation.

24

\\

25

\\

26

\\

27

\\

Opposition,

all

Defendants’

reviewed

Plaintiff’s

Plaintiff’s

Complaint,

the

18

28

Second

U.S.C.

the

records

Motion
and

to

files

The time for filing Objections has passed, and
Accordingly, the Court accepts

1
2

Consistent with the Report and Recommendation, IT IS ORDERED
that:

3
4

(1)

Defendants’ Motion to Dismiss on the grounds that the

5

Second Amended Complaint fails to state a claim under

6

42 U.S.C. § 1983 and state tort law is GRANTED;

7
8

(2)

9

Defendants’

Motion

to

Dismiss

on

the

grounds

of

qualified immunity is DENIED without prejudice;

10
11

(3)

Defendants’ Motion to Strike Plaintiff’s requests for

12

punitive damages against Defendants in their official

13

capacity is GRANTED;

14
15

(4)

Defendants’ Motion to Strike Plaintiff’s requests for

16

punitive damages against Defendants in their individual

17

capacity is DENIED without prejudice;

18
19

(5)

Plaintiff

shall

file

a

Third

Amended

Complaint

20

correcting

21

Magistrate

22

fourteen (14) days of the date of this Order if he

23

wishes to pursue this litigation.

24

\\

27

Report

\\

26

Judge’s

deficiencies

\\

25

the

\\

28
2

and

identified

in

Recommendation

the
within

1
2

The Clerk of the Court shall serve copies of this Order on
Plaintiff and counsel for Defendants.

3
4

IT IS SO ORDERED.

5
6

DATED: November 05, 2013

JOSEPHINE L. STATON
___
__________

7

JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3