Virgil E. Holt v. P. Finander et al

Filing 66

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS by Judge James V. Selna for Report and Recommendation (Issued) 61 . Accordingly, IT IS ORDERED THAT: (1) Plaintiffs deliberate indifference claims against Defendants Donnelly, Galura, Morris, and Finand er are DISMISSED with prejudice and without leave to amend;(2) Plaintiffs deliberate indifference claim against Defendant Fitter is DISMISSED with leave to amend; (3) Plaintiffs First Amendment retaliation claims against Defendants Finander and Oluka nmi are DISMISSED with prejudice and without leave to amend; (4) all claims against Defendants Does 1-10 are DISMISSED with prejudice and without leave to amend; and (5) within 30 days of this Order, Plaintiff shall file either a Second Amended Complaint (sbu)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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VIRGIL HOLT,

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Plaintiff,
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v.
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P. FINANDER, et al,
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Defendants.
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_________________________________ )

NO. CV 15-5089-JVS (KS)
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 First Amended Complaint, all

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of the records herein, Defendants’ motion to dismiss the First Amended Complaint

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(“Motion”) and the parties’ related briefing, the August 4, 2016 Report and Recommendation

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of United States Magistrate Judge (“Report”), and Plaintiff’s Objections to the Report

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(“Objections”). Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has

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conducted a de novo review of those portions of the Report to which objections have been

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stated.

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The Court concludes that the arguments presented in the Objections do not affect or

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alter the analysis and conclusions set forth in the Report. However, in adopting the Report,

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the Court amends the Report to delete the word “permanent” on line 5 of page 25.

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Accordingly, IT IS ORDERED THAT:

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(1) Plaintiff’s deliberate indifference claims against Defendants Donnelly, Galura,
Morris, and Finander are DISMISSED with prejudice and without leave to amend;

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(2) Plaintiff’s deliberate indifference claim against Defendant Fitter is DISMISSED
with leave to amend;

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(3) Plaintiff’s First Amendment retaliation claims against Defendants Finander and
Olukanmi are DISMISSED with prejudice and without leave to amend;

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(4) all claims against Defendants Does 1-10 are DISMISSED with prejudice and
without leave to amend; and

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(5) within 30 days of this Order, Plaintiff shall file either a Second Amended Complaint

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consistent with the Report; or a signed document entitled “Notice Of Intent Not To File

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Second Amended Complaint” expressing Plaintiff’s wish to proceed only on his deliberate

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indifference claims against Defendants Chin, Olukanmi, Wu, and Acosta.

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A Second Amended Complaint shall not include: new defendants; new allegations that

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are not reasonably related to the claims asserted in the First Amended Complaint; or claims

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against defendants who have been dismissed with prejudice.

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DATED: October 18, 2016
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JAMES V. SELNA
UNITED STATES DISTRICT JUDGE