Kevin William King v. County of Los Angeles et al

Filing 186

JUDGMENT OF DISMISSAL by Judge Stephen V. Wilson. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the entire action be and hereby is dismissed with prejudice as against Defendants County of Los Angeles, Sergeant Mario Castro, Lieutenant Luis Trej o, Deputy Rene Mercado, Deputy Nicholas Neri, and Sergeant Klinski and that plaintiff take nothing as against Defendants County of Los Angeles, Sergeant Mario Castro, Lieutenant Luis Trejo, Deputy Rene Mercado, Deputy Nicholas Neri, and Sergeant Klinski. (See document for further details.) (MD JS-6, Case Terminated). (sbou)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

KEVIN WILLIAM KING,

12
13

Plaintiff,

Case No. CV 15-07072 SVW (AFM)
JUDGMENT OF DISMISSAL

v.

14
15

COUNTY OF LOS ANGELES,
et al.,

16
17

Defendants.

18
19

On November 15, 2017, the Court (1) accepted and adopted the Second Report and

20

Recommendation of the Magistrate Judge; (2) granted defendants’ Motion to Dismiss the

21

Third Amended Complaint; (3) dismissed without further leave to amend and with

22

prejudice (a) plaintiff’s claims against all defendants arising from, or concerning, the

23

incident on May 16, 2014, and (b) all of plaintiff’s claims against individual defendants

24

Sergeant Castro, Lieutenant Trejo, Deputy Mercado, Deputy Neri, and Sergeant Klinski;

25

(4) dismissed with leave to amend plaintiff’s claims against the County only pertaining to

26

the conditions of plaintiff’s confinement in the Disciplinary Segregation Unit; (5) ordered

27

plaintiff, if he desires to pursue his claim against the County only pertaining to the

28

1

conditions of plaintiff’s confinement in the Disciplinary Segregation Unit, to file and

2

serve a Fourth Amended Complaint ─ limited to that claim and that defendant ─ no later

3

than thirty (30) days from the date of the Order; and (6) directed plaintiff not to attempt to

4

re-allege in a Fourth Amended Complaint the factual allegations concerning the incident

5

on May 16, 2014 or claims against the individual defendants who were dismissed in the

6

Order.

7

The December 15, 2017 deadline has passed and plaintiff has not filed a Fourth

8

Amended Complaint. Although plaintiff advised the Court that he was in custody from

9

December 6, 2017 to January 2, 2018, he has now apparently been out of custody for

10

more than four months but has not filed a Fourth Amended Complaint.

11

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the entire action

12

be and hereby is dismissed with prejudice as against Defendants County of Los Angeles,

13

Sergeant Mario Castro, Lieutenant Luis Trejo, Deputy Rene Mercado, Deputy Nicholas

14

Neri, and Sergeant Klinski and that plaintiff take nothing as against Defendants County of

15

Los Angeles, Sergeant Mario Castro, Lieutenant Luis Trejo, Deputy Rene Mercado,

16

Deputy Nicholas Neri, and Sergeant Klinski.

17
18
19
20
21

DATED: May 22, 2018
____________________________________
STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28
2