Thomas Lee Gleason Jr. v. L. Franklin et al

Filing 67

ORDER ACCEPTING REPORT AND RECOMMENDATIONS of United States Magistrate Judge by Judge Consuelo B. Marshall for Report and Recommendation (Issued) 64 . IT IS HEREBY ORDERED that: (1) The Report and Recommendation is approved and accepted. (2) Defend ant Curiel, Franklin, Jackson, Marshall, Sullivan, and Wofford's Motion to Dismiss is DENIED in part and GRANTED in part as set forth in the Report and Recommendation. (3) Hughe's Motion to Dismiss and Buechter's Motion to Dismiss are DENIED. (4) The portion of Claim One alleging that Franklin retaliated against Plaintiff for his threat to file a grievance against Franklin is hereby DISMISSED without leave to amend. (5) Claim Four as to Sullivan and Jackson is hereby DISMISSED with leave to amend. (6) Plaintiff is ORDERED to file a First Amended Complaint no later than August 28, 207. (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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THOMAS LEE GLEASON, JR.,
Plaintiff,

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v.

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L. FRANKLIN et al.,

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Defendants.

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No. CV 15-08380-CBM (DFM)
Order Accepting Report and
Recommendation of United States
Magistrate Judge

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Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the

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Complaint, the parties’ motion and opposition papers, the records on file, and

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the Report and Recommendation of the assigned United States Magistrate

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Judge. The Court has also reviewed Plaintiff’s written objections to the Report

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and Recommendation and made a de novo determination of those portions of

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the Report and Recommendation to which objections are made.

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IT IS HEREBY ORDERED that:

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1.

The Report and Recommendation is approved and accepted.

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2.

Defendant Curiel, Franklin, Jackson, Marshall, Sullivan, and

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Wofford’s Motion to Dismiss is DENIED in part and GRANTED in part as

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set forth in the Report and Recommendation.

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3.

Hughes’s Motion to Dismiss and Buechter’s Motion to Dismiss

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are DENIED.

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4.

The portion of Claim One alleging that Franklin retaliated against

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Plaintiff for his threat to file a grievance against Franklin is hereby

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DISMISSED without leave to amend.

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5.

Claim Four as to Sullivan and Jackson is hereby DISMISSED

with leave to amend.
6.

Plaintiff is ORDERED to file a First Amended Complaint no later

than August 28, 2017.

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Dated: __________________
July 26, 2017
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CONSUELO B. MARSHALL
United States District Judge

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