Larry Ragsdale v. Cesar Lopez Flores et al

Filing 32

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Otis D. Wright, II for Report and Recommendation (Issued) 31 . (ec)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LARRY RAGSDALE,

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Plaintiff

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v.
CESAR LOPEZ FLORES, et al.,

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Defendants.

Case No. CV 14-8075-ODW (GJS)
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 Complaint and all

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pleadings, motions, and other documents filed in this action, and the Report and

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Recommendation of United States Magistrate Judge (“Report”). The deadline to file

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Objections to the Report has passed, and no Objections have been filed with the

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Court.

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The Court accepts the findings and recommendations set forth in the Report.
Accordingly, IT IS ORDERED that:
(1) Defendants’ Motion To Dismiss Plaintiff’s Complaint (Docket 14, “Motion”)

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is GRANTED respect to Plaintiff’s false report, contraband watch, and

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retaliation claims, and these claims are dismissed without leave to amend and

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with prejudice;

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(2) The Motion is GRANTED with respect to Plaintiff’s cover up claim, and this
claim is dismissed without leave to amend and without prejudice;
(3) The Motion is DENIED with respect to Plaintiff’s excessive force claim

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against Defendants Lopez-Flores and Redding, Defendants’ request for

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dismissal based upon qualified immunity, and Defendants’ request to strike

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Plaintiff’s request for punitive damages;

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(4) Defendants’ Motion For Protective Order (Docket 25) is DENIED and the
stay of discovery ordered on April 21, 2015 is VACATED; and
(5) Defendants Lopez- Flores and Redding shall file an Answer to the Complaint
within 21 days of the Court’s Order.
IT IS SO ORDERED.

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DATE: October 20, 2015

__________________________________
OTIS D. WRIGHT II
UNITED STATES DISTRICT JUDGE

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