Terry Lamell Ezell v. Jose Esquetini et al

Filing 68

ORDER ACCEPTING REPORT AND RECOMMENDATION of United States Magistrate Judge, by Judge Fernando M. Olguin 66 . Defendants motion to dismiss is granted. See Order for more information. (twdb)

1

FILED
CLERK, U.S. DISTRICT COURT

2
3

March 12, 2015

4

CENTRAL DISTRICT OF CALIFORNIA

DV

BY: ___________________ DEPUTY

5
Plaintiff on March 12, 2015 by DV

6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11

TERRY LAMELL EZELL,
Plaintiff,

12
v.

13
14

JOSE ESQUETINI et al.,

15

Defendants.

16

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 14-04791-FMO (DFM)
Order Accepting Report and
Recommendation of United States
Magistrate Judge

17
18

Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the Second

19

Amended Complaint, the records on file, and the Report and

20

Recommendation of the assigned United States Magistrate Judge. Neither

21

party has filed any written objections to the Report.

22

IT IS HEREBY ORDERED that:

23

1.

24

and accepted.

25

2.

26

///

27

///

28

The Magistrate Judge’s Report and Recommendation is approved
Defendants’ motion to dismiss is granted.

1

3.

If Plaintiff wishes to pursue this action, he is ORDERED to file a

2

Third Amended Complaint within twenty-one (21) days of the date of this

3

Order that is limited to his Eighth Amendment claims against Defendants

4

Esquetini and Hernandez and corrects the deficiencies identified in the

5

Magistrate Judge’s Report.

6
7

Dated: March 11, 2015
_____________/s/_____________
FERNANDO M. OLGUIN
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2