Jason Edwin Devore v. David R. Dominguez et al

Filing 69

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, by Judge John A. Kronstadt. Defendants motion to dismiss is granted 44 . Plaintiffs claims against Defendants McDonnell and McDonald in their official capacity are dismissed without leave to amend. Plaintiffs remaining claims are dismissed with leave to amend. ( See document for further information). Report and Recommendation (Issued) 64 (twdb) Modified on 4/11/2018 (twdb).

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Plaintiff 04/11/18 DV

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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JASON EDWIN DEVORE,
Plaintiff,

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v.

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DAVID R. DOMINGUEZ,

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No. CV 15-6291-JAK (DFM)
Order Accepting Report and
Recommendation of United States
Magistrate Judge

Defendant.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and

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all the records and files herein, along with the Report and Recommendation of

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the assigned United States Magistrate Judge. Further, the Court has engaged in

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a de novo review of those portions of the Report and Recommendation to

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which objections have been made.

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IT IS HEREBY ORDERED that:

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1.

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and accepted.

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2.

Defendants’ motion to dismiss is granted.

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3.

Plaintiff’s claims against Defendants McDonnell and McDonald

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The Magistrate Judge’s Report and Recommendation is approved

in their official capacity are dismissed without leave to amend.

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4.

Plaintiff’s remaining claims are dismissed with leave to amend. If

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Plaintiff wishes to pursue this action, he is ORDERED to file a Third

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Amended Complaint within twenty-eight (28) days of the date of this Order

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that is limited to his claims against Defendants in their individual capacity and

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corrects the deficiencies identified in the Magistrate Judge’s Report. A failure

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timely to file a Third Amended Complaint, will result in the dismissal of the

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action with prejudice.

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Dated: April 10, 2018
______________________________
JOHN A. KRONSTADT
United States District Judge

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