Delano Fitz-Maurice Seung v. B. Beardmoro et al

Filing 35

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 33 by Judge John A. Kronstadt: (see document image for further details). (ad)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DELANO F. SEUNG,
Plaintiff,
vs.
B. BEARDMORO,
Defendant.

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Case No. CV 15-06663-JAK (DTB)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS 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

20 Complaint, all the records and files herein, and the Report and Recommendation of
21 the United States Magistrate Judge. No objections to the Report and Recommendation
22 have been filed herein. The Court concurs with and accepts the findings, conclusions
23 and recommendations of the Magistrate Judge.
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IT THEREFORE IS ORDERED that plaintiff’s first claim under § 1983 based

25 on violations of the First Amendment and conspiracy, his second claim under § 1983
26 based on unlawful customs and practice, his fourth claim under § 1985(3), and his
27 fifth claim under § 1986 are dismissed with leave to amend; that plaintiff’s first claim
28 under § 1983 based on a violation of the Fourteenth Amendment and his third claim
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1 under § 1985(2) are dismissed without leave to amend; that defendants Beardmore and
2 Gill are dismissed from this action without prejudice; that defendant Tavera is
3 dismissed, without prejudice, from all claims except plaintiff’s second claim under §
4 1983 based on unlawful customs and practice; that plaintiff’s request for punitive
5 damages as to defendants Beardmore, Gill, and Tavera, except insofar as punitive
6 damages are requested against Tavera in relation to the Monell claim are stricken,
7 without prejudice; and that plaintiff, if he still desires to pursue this action, is ordered
8 to file a Second Amended Complaint within thirty (30) days of the date of this Order
9 remedying the deficiencies discussed in the Report and Recommendation. If plaintiff
10 chooses to file a Second Amended Complaint, it should bear the docket number
11 assigned in this case; be labeled “Second Amended Complaint”; and be complete in
12 and of itself without reference to the Complaint, the FAC, or any other pleading,
13 attachment, or document. In the event plaintiff does not amend his claims dismissed
14 with leave to amend and file a Second Amended Complaint, within the allotted time,
15 the Court will   order defendants to file an Answer to the remaining claim, i.e.,
16 plaintiff’s claim for excessive force and unlawful seizure alleged in his first claim.
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18 Dated: January 31, 2017

_______________________________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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