Jason Kirby v. Juan Navarro et al

Filing 106

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Philip S. Gutierrez for Report and Recommendation (Issued) 94 . IT IS ORDERED that: (1) Defendants' Motion to Dismiss the Second Amended Complaint [Dkt. 71] is GRANTED and Plaintiff's claims against Defendants Baca, Tanaka, and Carey, are dismissed from this case with prejudice; (2) Plaintiff's Motion for Leave to Amend [Dkt. 78] is DENIED. (ec)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JASON KIRBY,

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Case No. 2:14-cv-9161-PSG (GJS)

Plaintiff
v.

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COUNTY OF LOS ANGELES,
SHERIFF LEROY BACA, UNDER
SHERIFF PAUL TANAKA,
CAPTAIN TOM CAREY, DEPUTY
JUAN NAVARRO,

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ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Defendants.

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

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Complaint and all pleadings, motions, and other documents filed in this action, the

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Report and Recommendation of United States Magistrate Judge (“Report”), and

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Plaintiff’s Objections to the Report (“Objections”). Pursuant to 28 U.S.C. §

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636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has conducted a de novo review of

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those portions of the Report to which objections have been stated.

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Plaintiff appends to the Objections a declaration in which he states that he has

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a mental disability and could not properly care for himself until sometime in 2013.

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A district court has discretion, but is not required, to consider evidence or arguments

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presented for the first time in objections to a report and recommendation. See

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Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002); United States v. Howell, 231

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F.3d 615, 621-22 (9th Cir. 2000). The Court has exercised its discretion to consider

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this evidence, but concludes that this information is already part of the record in this

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case and does not affect or alter the analysis and conclusions set forth in the Report.

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Accordingly, the Court accepts the findings and recommendations set forth in

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the Report. IT IS ORDERED that:

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(1) Defendants’ Motion to Dismiss the Second Amended Complaint [Dkt. 71] is

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GRANTED and Plaintiff’s claims against Defendants Baca, Tanaka, and

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Carey, are dismissed from this case with prejudice;

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(2) Plaintiff’s Motion for Leave to Amend [Dkt. 78] is DENIED.

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IT IS SO ORDERED.

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DATE: 5/4/17

__________________________________
PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE

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