Tracye Benard Washington v. J. Guerra et al

Filing 62

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Virginia A. Phillips for Report and Recommendation 58 .IT THEREFORE IS ORDERED that defendants' Motion for for Summary Judgment 42 and MOT ION to Dismiss 40 are granted in part and denied in part as follows: Plaintiff's failure to intervene and state law claim for falsification of documents is dismissed without prejudice; and the remaining claims are dismissed with leave to amend. (iva)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 TRACYE BENARD WASHINGTON, Plaintiff, 14 vs. 15 16 J. GUERRA, et al., Defendants. 17 18 19 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 15-06919-VAP (DTB) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the 20 records and files herein, and the Report and Recommendation of the United States 21 Magistrate Judge. No objections to the Report and Recommendation have been filed 22 herein. The Court concurs with and accepts the findings, conclusions and 23 recommendations of the Magistrate Judge. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 1 IT THEREFORE IS ORDERED that defendants’ Motion for Summary 2 Judgment and Motion to Dismiss are granted in part and denied in part as follows: 3 Plaintiff’s failure to intervene and state law claim for falsification of documents is 4 dismissed without prejudice; and the remaining claims are dismissed with leave to 5 amend. 6 7 Dated: March 29, 2017 8 _______________________________ VIRGINIA A. PHILLIPS CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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