Talmadge Adib Talib v. Peter Nicholas et al

Filing 23

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge John A. Kronstadt 20 . See Order for more information. (twdb)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 TALMADGE ADIB TALIB, Plaintiff, 12 v. 13 14 PETER NICHOLAS et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 14-05871-JAK (DFM) Order Accepting Report and Recommendation of United States Magistrate Judge Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the Second 19 Amended Complaint, the records on file, the Report and Recommendation of 20 the assigned United States Magistrate Judge. Further, the Court has made a de 21 novo determination of those portions of the reports to which objections are 22 made. 23 IT IS HEREBY ORDERED that: 24 1. 25 and accepted. 26 2. 27 28 The Magistrate Judge’s Report and Recommendation is approved Plaintiff’s claims against Defendants Miguel and Rob Van Lingen are dismissed with prejudice. 3. Plaintiff’s claims against all Defendants in their official capacities 1 2 3 4 5 6 are dismissed with prejudice. 4. Plaintiff’s claims against Defendants LASD and the County of Los Angeles are dismissed with prejudice. 5. Plaintiff’s claims against Defendants based upon violations of criminal statutes are dismissed with prejudice. 6. Plaintiff’s newly-added claims arising out of an alleged incident on 7 July 10, 2013, are dismissed without prejudice to those claims being filed in a 8 separate action. 9 7. If Plaintiff wishes to pursue this action, he is ORDERED to file a 10 Third Amended Complaint within twenty-one (21) days of the date of this 11 Order that is limited to his claims against Defendants Nicholas, Gonsalves, 12 Nunes, Moyer, Sanchez, and Vera in their individual capacities only. 13 14 Dated: 2/2/15 ______________________________ JOHN A. KRONSTADT United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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