Richard Dickson v. E. Valenzuela et al

Filing 48

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge David O. Carter for Report and Recommendation (Issued), 45 . IT IS ORDERED that: (1) The Third Amended Complaint is dismissed with leave to amend, in part, and without leave to amend, in part, as set forth in the Report; (2) If Plaintiff wishes to pursue this action, he shall file and serve a Fourth Amended Complaint that corrects the defects identified in the Report by no later than 30 days from the filing date of this Order. The Fourt h Amended Complaint shall be complete in itself, must include all exhibits, and shall not incorporate any prior allegations or exhibits by reference; and (3) Defendants' time to response to the Fourth Amended Complaint is stayed pending further order of the Court, so that the required screening of the pleading may occur. (ec)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RICHARD DICKSON,

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Case No. CV 14-6954-DOC (GJS)

Plaintiff
v.
E. VALENZUELA, et al.,
Defendants.

ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended

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Complaint, the Report and Recommendation of United States Magistrate Judge

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(“Report”), and all pleadings, motions, and other documents filed in this action. The

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deadline to file Objections to the Report has passed, and no Objections have been

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filed with the Court.

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The Court accepts the findings and recommendations set forth in the Report.
Accordingly, IT IS ORDERED that:
(1) The Third Amended Complaint is dismissed with leave to amend, in part, and
without leave to amend, in part, as set forth in the Report;
(2) If Plaintiff wishes to pursue this action, he shall file and serve a Fourth

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Amended Complaint that corrects the defects identified in the Report by no

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later than 30 days from the filing date of this Order. The Fourth Amended

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Complaint shall be complete in itself, must include all exhibits, and shall not

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incorporate any prior allegations or exhibits by reference; and

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(3) Defendants’ time to response to the Fourth Amended Complaint is stayed

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pending further order of the Court, so that the required screening of the

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pleading may occur.

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IT IS SO ORDERED.

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DATE: February 18, 2016

__________________________________
DAVID O. CARTER
UNITED STATES DISTRICT JUDGE

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