Brandon Fisher v. United States of America et al

Filing 29

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Margaret M. Morrow 24 . See Order for more information. (twdb)

1

O

2
3
4

9/29/2015

5
6
7
8
9

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

10
11

BRANDON FISHER,

12
13
14
15
16
17

Plaintiff,
vs.
UNITED STATES OF
AMERICA, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. CV 14-6499-MMM (KES)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the

18 records and files herein, along with the Report and Recommendation of the United
19 States Magistrate Judge. After the time for filing Objections had expired, Plaintiff
20 filed “Plaintiff’s Response to Magistrate Judge’s Report and Recommendation”
21 wherein he stated he has no Objections to the Report and Recommendation. The
22 Court hereby approves and accepts the findings, conclusions, and recommendations
23 of the United States Magistrate Judge.
24

IT THEREFORE IS ORDERED that (1) plaintiff’s Bivens claim against Dr.

25 Lin is severed and transferred to the Western District of Texas; (2) plaintiff’s claims
26 against defendants Bowers, Fox, Castillo, Dhaliwal, Bueno, Colcol, and Patel are
27 dismissed without leave to amend and with prejudice; (3) plaintiff’s Federal Tort
28 Claims Act (“FTCA”) claims against the United States are dismissed with leave to
1

1 amend; and (4) if plaintiff wishes to pursue his FTCA claims against the United
2 States arising from alleged negligent acts or omissions of Federal Bureau of Prisons
3 (“BOP”) employees that occurred at USP-Lompoc, he shall file a Third Amended
4 Complaint limited to his FTCA claims within thirty (30) days of the service date of
5 this Order.1
6
7 DATED:09/24/2015
8
9

MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

1

If plaintiff chooses to file a Third Amended Complaint, it should bear
27 the docket number assigned in this case, be labeled “Third Amended Complaint,” and
be complete in and of itself without reference to the original Complaint, the FAC, the
28 SAC or any other pleading or document.
2