Nick J Estrada v. California Dept of Corrections et al

Filing 31

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 27 by Judge Dean D. Pregerson: No objections to the Report and Recommendation have been filed herein. The Court concurs with and accepts the findings, co nclusions and recommendations of the Magistrate Judge. IT THEREFORE IS ORDERED that the Motion to Dismiss filed by California Department of Corrections 7 and Sharper Future Program 19 are granted; that plaintiffs claims against the CDCR are dism issed without leave to amend; and that plaintiffs remaining claims are dismissed with leave to amend. Plaintiff is advised that he still desires to pursue any of the claims that have been dismissed with leave to amend, to file a First Amended Complaint within 30 days of the date of this Order. (ad)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 7 8 9 10 NICK J. ESTRADA, 11 Plaintiff, 12 vs. 13 CALIFORNIA DEPARTMENT OF CORRECTIONS, SHARPER FUTURE PROGRAM, 14 15 Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. CV 13-2502-DDP (DTB) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and 18 Recommendation of the United States Magistrate Judge. No objections to the Report 19 and Recommendation have been filed herein. The Court concurs with and accepts the 20 findings, conclusions and recommendations of the Magistrate Judge. 21 IT THEREFORE IS ORDERED that the Motion to Dismiss filed by California 22 Department of Corrections and Sharper Future Program are granted; that plaintiff’s 23 claims against the CDCR are dismissed without leave to amend; and that plaintiff’s 24 remaining claims are dismissed with leave to amend. Plaintiff is advised that he still 25 / / / 26 / / / 27 / / / 28 / / / 1 1 desires to pursue any of the claims that have been dismissed with leave to amend, to 2 file a First Amended Complaint within 30 days of the date of this Order. 3 4 5 Dated: July 28, 2014 _______________________________ DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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