Ricky Howard v. Paulette Finander et al

Filing 78

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Percy Anderson for NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs Second Amended Complaint 51 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint 66 , Rep ort and Recommendation (Issued) 71 . Defendant Finander's Motion to Dismiss (docket no. 51) is denied; defendants Marcelo and Fitter's Motion to Dismiss (docket no. 66) is granted only to the extent of dismissing without leave to amend a ny potential claim for retaliation against defendants Marcelo and Fitter only; and defendants Marcelo and Fitter's Motion to Dismiss is denied in all other respects. Defendants are ordered to answer the Second Amended Complaint within fourteen days of this Order. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RICKY HOWARD,

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Plaintiff,

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v.

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PAULETTE FINANDER, et al.,

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Defendants.

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___________________________

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Case No. CV 15-1317-PA (SP)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

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

19 Complaint, records on file, and the Report and Recommendation of the United States
20 Magistrate Judge. Further, the Court has engaged in a de novo review of those
21 portions of the Report to which defendants have objected. The Court accepts the
22 findings and recommendation of the Magistrate Judge.
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IT IS THEREFORE ORDERED: defendant Finander’s Motion to Dismiss

2 (docket no. 51) is denied; defendants Marcelo and Fitter’s Motion to Dismiss
3 (docket no. 66) is granted only to the extent of dismissing without leave to amend
4 any potential claim for retaliation against defendants Marcelo and Fitter only; and
5 defendants Marcelo and Fitter’s Motion to Dismiss is denied in all other respects.
6 Defendants are ordered to answer the Second Amended Complaint within fourteen
7 days of this Order.
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9 DATED: May 14, 2018

______________________________
PERCY ANDERSON
UNITED STATES DISTRICT JUDGE

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