Casey D. Mayer v. United States of America et al

Filing 117

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dolly M. Gee. It is Ordered that: (1) Plaintiff's "Motion to Strike Defendant's [sic] Expert's Declaration" is denied; (2) P laintiff's "Motion to Strike the Defendant's [sic] Newly Raised Evidence" is denied; (3) the individual Defendants' Motion for Summary Judgment is granted; and (4) Plaintiff's Bivens claims are dismissed with prejudice. Therefore, the case will proceed only on Plaintiff's claim against Defendant United States under the Federal Tort Claims Act. (sp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 CASEY D. MAYER, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) et al., ) ) Defendants. ) ______________________________) NO. CV 13-7814-DMG(E) ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. section 636, the Court has reviewed the 19 Complaint, all of the records herein and the Report and 20 Recommendation of United States Magistrate Judge. 21 has engaged in a de novo review of those portions of the Report and 22 Recommendation to which any objections have been made. 23 accepts and adopts the Magistrate Judge’s Report and Recommendation. Further, the Court The Court 24 25 IT IS ORDERED that: (1) Plaintiff’s “Motion to Strike 26 Defendant’s [sic] Expert’s Declaration” is denied; (2) Plaintiff’s 27 “Motion to Strike the Defendant’s [sic] Newly Raised Evidence” is 28 denied; (3) the individual Defendants’ Motion for Summary Judgment 1 is granted; and (4) Plaintiff’s Bivens claims are dismissed with 2 prejudice. 3 claim against Defendant United States under the Federal Tort Claims 4 Act. Therefore, the case will proceed only on Plaintiff’s 5 6 IT IS FURTHER ORDERED that the Clerk serve copies of this Order 7 and the Magistrate Judge’s Report and Recommendation on Plaintiff and 8 on counsel for Defendants. 9 10 DATED: July 15, 2016 11 12 13 14 ___________________________________ __ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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