Thomas Whitehurst v. D. Harris et al

Filing 49

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge James V. Selna for Report and Recommendation (Issued) 48 . IT IS ORDERED that: (1) Defendants' Motion for Summary Judgment pursuant to Fed. R. Civ. Proc. 56 [Dkt. 39] is GRANTED; (2) Defen dants' Motion for Involuntary Dismissal pursuant to Fed. R. Civ. Proc. 41(b) [Dkt. 39] is DENIED AS MOOT; (3) Plaintiff's claims against Defendants Cormack and Paulson are dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m); and (4) Judgment shall be entered dismissing this action without prejudice. (ec)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 THOMAS WHITEHURST, 12 Plaintiff 13 14 v. KAUFFMANN et al., 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:14-cv-4320-JVS (GJS) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint and all pleadings, motions, and other documents filed in this action, and the Report and Recommendation of United States Magistrate Judge (“Report”). The deadline to file Objections to the Report has passed, and no Objections have been filed with the Court. The Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: (1) Defendants’ Motion for Summary Judgment pursuant to Fed. R. Civ. Proc. 56 [Dkt. 39] is GRANTED; (2) Defendants’ Motion for Involuntary Dismissal pursuant to Fed. R. Civ. Proc. 41(b) [Dkt. 39] is DENIED AS MOOT; (3) Plaintiff’s claims against Defendants Cormack and Paulson are dismissed 1 2 without prejudice pursuant to Fed. R. Civ. P. 4(m); and (4) Judgment shall be entered dismissing this action without prejudice. 3 4 LET JUDGMENT BE ENTERED ACCORDINGLY. 5 6 7 8 9 DATE: February 27, 2017 __________________________________ JAMES V. SELNA UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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