Stephan Brooks v. Paco-Michelle Atwood et al

Filing 65

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered that: (1) the Moving Defendants&# 039; Motion to Dismiss is granted; (2) the Second Amended Complaint and the action as against the Moving Defendants is dismissed without leave to amend and with prejudice as to the federal claims against those Defendants; and (3) the Court declines to exercise supplemental jurisdiction over the state claims against the Moving Defendants and those state law claims against the Moving Defendants are dismissed without prejudice. (Attachments: # 1 Report and Recommendation) (sp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 STEPHAN BROOKS, et al., ) ) Plaintiffs, ) ) v. ) ) PACO-MICHELLE ATWOOD, et al., ) ) Defendants. ) ______________________________) NO. CV 15-7724-JFW(E) ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 18 Pursuant to 28 U.S.C. section 636, the Court has reviewed all of 19 the records herein and the attached Report and Recommendation of 20 United States Magistrate Judge. 21 de novo review of those portions of the Report and Recommendation to 22 which any objections have been made. 23 Magistrate Judge’s Report and Recommendation. Further, the Court has engaged in a The Court accepts and adopts the 24 25 IT IS ORDERED that: (1) the Moving Defendants’ Motion to Dismiss 26 is granted; (2) the Second Amended Complaint and the action as against 27 the Moving Defendants is dismissed without leave to amend and with 28 prejudice as to the federal claims against those Defendants; and 1 (3) the Court declines to exercise supplemental jurisdiction over the 2 state law claims against the Moving Defendants and those state law 3 claims against the Moving Defendants are dismissed without prejudice. 4 5 IT IS FURTHER ORDERED that the Clerk serve forthwith a copy of 6 this Order and the Magistrate Judge’s Report and Recommendation on 7 Plaintiff and counsel for Defendants. 8 9 DATED: January 5, 2017. 10 11 12 13 _______________________________ JOHN F. WALTER UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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