George Hudson v. Alfredo Franco et al

Filing 57

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Josephine L. Staton for Report and Recommendation (Issued), 53 , and NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint on behalf of Defendants Franco and R ichardson 44 . IT IS THEREFORE ORDERED as follows: (1) Plaintiffs claims against Defendants Alfredo Franco and Kirk Richardson in their official capacity are DISMISSED without leave to amend; (2)Defendants Motion for Summary Judgment is GRANTED as to Plaintiffs Eighth Amendment claim against Defendants Alfredo Franco and Kirk Richardson and Plaintiffs Eighth Amendment claim is DISMISSED without leave to amend; and (3) Defendants Motion for Summary Judgment is DENIED as to Plaintiffs Fourteenth Amendment claim against Defendants Alfredo Franco and Kirk Richardson. (mrgo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,

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v.

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Case No. CV 14-1247-JLS (KK)

GEORGE HUDSON,

ALFREDO FRANCO, et al.,
Defendant(s).

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ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to Title 28 of the United States Code, section 636, the Court has

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reviewed the Complaint, the relevant records on file, and the Report and

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Recommendation of the United States Magistrate Judge. No objections have been

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filed. The Court accepts the findings and recommendation of the Magistrate

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Judge.

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IT IS THEREFORE ORDERED as follows:

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(1) Plaintiff’s claims against Defendants Alfredo Franco and Kirk Richardson

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in their official capacity are DISMISSED without leave to amend;

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(2) Defendants’ Motion for Summary Judgment is GRANTED as to

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Plaintiff’s Eighth Amendment claim against Defendants Alfredo Franco

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and Kirk Richardson and Plaintiff’s Eighth Amendment claim is

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DISMISSED without leave to amend; and

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(3) Defendants’ Motion for Summary Judgment is DENIED as to Plaintiff’s

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Fourteenth Amendment claim against Defendants Alfredo Franco and

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Kirk Richardson.

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Dated: May 22, 2016

HONORABLE JOSEPHINE L. STATON
United States District Judge

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