Tracye Benard Washington v. J. Guerra et al

Filing 72

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 69 by Judge Virginia A. Phillips: No objections have been filed. The Court accepts the findings and recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED Def endants Motion to Dismiss 64 is granted in part and denied in part as follows: (1) Defendants Motion to Dismiss Plaintiffs claims against Defendant Guerra for his use of pepper spray is DENIED; (2) Plaintiffs request for injunctive relief is STRICK EN without leave to amend; (3) Defendants Motion to Dismiss Plaintiffs claims against Defendants in their official capacity is GRANTED; and (4) Plaintiffs claims against Defendants in their official capacity are dismissed with prejudice and without leave to amend. (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TRACYE BENARD WASHINGTON,
Plaintiff,

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v.

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Case No. CV 15-6919-VAP (KK)

J. GUERRA, et al.,
Defendant(s).

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ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

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Complaint, the relevant records on file, and the Report and Recommendation of

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the United States Magistrate Judge. No objections have been filed. The Court

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accepts the findings and recommendation of the Magistrate Judge.

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IT IS THEREFORE ORDERED Defendants’ Motion to Dismiss is granted
in part and denied in part as follows:
(1) Defendants’ Motion to Dismiss Plaintiff’s claims against Defendant
Guerra for his use of pepper spray is DENIED;
(2) Plaintiff’s request for injunctive relief is STRICKEN without leave to
amend;
(3) Defendants’ Motion to Dismiss Plaintiff’s claims against Defendants in
their official capacity is GRANTED; and

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(4) Plaintiff’s claims against Defendants in their official capacity are
dismissed with prejudice and without leave to amend.

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Dated: September 19, 2017
HONORABLE VIRGINIA A. PHILLIPS
Chief United States District Judge

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