Jason Edwin Devore v. David R. Dominguez et al
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).
Plaintiff 04/11/18 DV
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JASON EDWIN DEVORE,
DAVID R. DOMINGUEZ,
No. CV 15-6291-JAK (DFM)
Order Accepting Report and
Recommendation of United States
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and
all the records and files herein, along with the Report and Recommendation of
the assigned United States Magistrate Judge. Further, the Court has engaged in
a de novo review of those portions of the Report and Recommendation to
which objections have been made.
IT IS HEREBY ORDERED that:
Defendants’ motion to dismiss is granted.
Plaintiff’s claims against Defendants McDonnell and McDonald
The Magistrate Judge’s Report and Recommendation is approved
in their official capacity are dismissed without leave to amend.
Plaintiff’s remaining claims are dismissed with leave to amend. If
Plaintiff wishes to pursue this action, he is ORDERED to file a Third
Amended Complaint within twenty-eight (28) days of the date of this Order
that is limited to his claims against Defendants in their individual capacity and
corrects the deficiencies identified in the Magistrate Judge’s Report. A failure
timely to file a Third Amended Complaint, will result in the dismissal of the
action with prejudice.
Dated: April 10, 2018
JOHN A. KRONSTADT
United States District Judge
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