Kenji Howard v. Correctional Officer A. Johnson et al

Filing 16

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge John A. Kronstadt for Report and Recommendation (Issued) 12 and Order if Plaintiff wishes to pursue this action in this court, he must file a firstamended complaint within forty-five days of the date this Order Accepting theReport and Recommendation is filed. (sbu)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION 11 12 13 14 15 KENJI HOWARD, 16 17 18 19 20 21 22 23 24 25 26 27 28 ) CV 13-4929-JAK (SH) ) ) ORDER ACCEPTING REPORT AND Plaintiff, ) RECOMMENDATION OF UNITED ) STATES MAGISTRATE JUDGE; and v. ) ORDER ) CORRECTIONAL OFFICER RUSH, ) et al., ) ) Defendants. ) ) Pursuant to 28 U.S.C. Section 636(b)(1)(C), the court has reviewed the Complaint and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation. IT IS HEREBY ORDERED that: 1. The Report and Recommendation is approved and accepted. 2. Plaintiff’s Complaint is dismissed with leave to amend, except as 1 1 2 provided in paragraph 3 of this Order. 3. Plaintiff’s official capacity claims against defendants Johnson and 3 Thomas, Jr., and his Eighth and Fourteenth Amendment claims, are 4 dismissed without leave to amend. 5 If Plaintiff wishes to pursue this action in this court, he must file a first 6 amended complaint within forty-five days of the date this Order Accepting the 7 Report and Recommendation is filed. The amended complaint, bearing the number 8 CV 13-4929-JAK (SH), must be a complete and independent document and must 9 not refer to prior pleadings. Plaintiff is cautioned that failure to file a first amended 10 complaint within the time specified by this Order may result in dismissal of the 11 action with prejudice on the grounds stated in the Report and Recommendation of 12 the United States Magistrate Judge and/or for failure to prosecute. 13 In preparing a first amended complaint, Plaintiff must bear in mind the 14 deficiencies of the current pleading, and must assure that they are not repeated. 15 Plaintiff must take particular note of the following guidelines: 16 1. 17 18 Plaintiff must set forth the jurisdictional grounds for his claims at the outset of the complaint. 2. The complaint must include only factual allegations directly relevant 19 to Plaintiff's claims, which must be stated in separate, numbered 20 paragraphs (preferably in chronological order), each limited to a single 21 set of circumstances. The facts should be stated in simple, complete 22 sentences. Repetition is to be avoided. 23 3. The complaint must clearly identify the specific acts on which each 24 claim is based. Insofar as possible, the allegations should include the 25 date, time, place and circumstances of the offending conduct by each 26 defendant, a clear statement of what each defendant did or failed to do, 27 and the damage of injury suffered by Plaintiff as a result of each 28 defendant's conduct. 2 1 4. If civil rights violations are claimed, the complaint must specifically 2 set forth the federal constitutional right or rights infringed with respect 3 to each alleged wrongful act or omission. 4 5. Plaintiff may not add new claims or defendants without leave of court. 5 6 IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of 7 this Order on the Plaintiff and counsel for Defendants. 8 9 DATED: March 24, 2014 10 11 12 13 __________________________________ JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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