Thomas Floyd Brissette Sr v. J. Brown et al

Filing 113

ORDER ACCEPTING REPORT RE: DEFENDANTS MOTION to Dismiss Second Amended Complaint 102 and ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Jesus G. Bernal that Defendants motion to dismiss Plaintiff official capacity claims and requests for injunctive and declaratory relief against Dr. Winslow and Dr. Wu be granted and Defendants motion to dismiss on all other claims except qualified immunity be denied. (jp)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 THOMAS FLOYD BRISETTE, SR., 11 12 13 Plaintiff, v. JERRY BROWN, et al., 14 Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 13-9284-JGB (PJW) ORDER ACCEPTING REPORT RE: DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the motion 17 to dismiss Plaintiff’s Second Amended Complaint, the records on file 18 herein, and the Report and Recommendation of the United States 19 Magistrate Judge. 20 expired and no objections have been made. 21 findings and recommendations of the Magistrate Judge and adopts them 22 as its own findings and conclusions. Further, the time for filing objections has The Court accepts the 23 IT IS THEREFORE ORDERED that Defendants’ motion to dismiss 24 Plaintiff’s official capacity claims and requests for injunctive and 25 declaratory relief against Dr. Winslow and Dr. Wu be granted and 26 27 28 1 Defendants’ motion to dismiss on all other claims except qualified 2 immunity be denied. 3 DATED: March 24, 2017 . 4 5 6 JESUS G. BERNAL G. UNITED STATES DISTRICT JUDGE D 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?