Luis Osollo v. Linda Darling-Hammond et al
Filing
92
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge S. James Otero for Report and Recommendation (Issued), #86 . IT IS ORDERED that: (1) The Rule 41(b) Motion to Dismiss filed by Defendants McKenna, Garcia, Zimmer, Ratliff, Vladovic, Berman, Avila, Barragan, Woods and Torres (Dkt. No. 82) is DENIED without prejudice; (2) The Motion to Dismiss filed by Defendants McKenna, Garcia, Zimmer, Ratliff, Vladovic, Berman, Avila, Barragan and Woods (Dkt. No. 58) is GRANTED; (3) Plaintiffs claims against Defendants McKenna, Garcia, Zimmer, Ratliff, Vladovic, Woods, Barragan, Barela-Johnson, Sullivan, Butler, Heckenberg-Garner, Sumpter, Webb, Carvajales, Jerry, Davis, K.B., L.C., Jane Doe No. 1, A.I., M.M., N.G., and Jane Doe No. 2, Plaintiffs First and Fourth Claims, his state law claims, and his official capacity claims against the CTC and COC members are DISMISSED WITHOUT LEAVE TO AMEND; and (4) Plaintiffs Second, Third and Fifth Claims ARE DISMISSED WITH LEAVE TO AMEND. Third Amended Complaint that cures the pleading defects discussed in the Report and Recommendation no later than thirty (30) days from the date or this Order. (mz)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
LUIS OSOLLO,
12
13
14
15
16
)
)
Plaintiff,
)
)
v.
)
)
LINDA DARLING-HAMMOND, et. al., )
)
)
Defendants.
)
)
NO. CV 16-3045-SJO (AS)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
Pursuant to 28 U.S.C. section 636, the Court has reviewed the
21
Complaint, all of the records herein, and the Report and Recommendation
22
of
United
States
Magistrate
Judge.
After
having
made
a
de
novo
23
determination of the portions of the Report and Recommendation to which
24
objections were directed, the Court concurs with and accepts the
25
findings and conclusions of the Magistrate Judge in the Report and
26
Recommendation.
27
28
1
2
Accordingly, the Court accepts the findings, conclusions and
recommendations of the Magistrate Judge.
3
4
IT IS ORDERED that:
5
(1)
The Rule 41(b) Motion to Dismiss filed by Defendants McKenna,
6
Garcia, Zimmer, Ratliff, Vladovic, Berman, Avila, Barragan, Woods and
7
Torres (Dkt. No. 82) is DENIED without prejudice;
8
(2) The Motion to Dismiss filed by Defendants McKenna, Garcia,
9
Zimmer, Ratliff, Vladovic, Berman, Avila, Barragan and Woods (Dkt. No.
10
58) is GRANTED;
11
(3) Plaintiff’s claims against Defendants McKenna, Garcia, Zimmer,
12
Ratliff, Vladovic, Woods, Barragan, Barela-Johnson, Sullivan, Butler,
13
Heckenberg-Garner, Sumpter, Webb, Carvajales, “Jerry,” “Davis,” “K.B.,”
14
“L.C.,” Jane Doe No. 1, “A.I.,” “M.M.,” “N.G.,” and Jane Doe No. 2,
15
Plaintiff’s First and Fourth Claims, his state law claims, and his
16
official capacity claims against the CTC and COC members are DISMISSED
17
WITHOUT LEAVE TO AMEND; and
18
19
(4) Plaintiff’s Second, Third and Fifth Claims ARE DISMISSED WITH
LEAVE TO AMEND.
20
21
If Plaintiff still wishes to pursue this action, he must file a
22
Third Amended Complaint that cures the pleading defects discussed in
23
the Report and Recommendation no later than thirty (30) days from the
24
date or this Order.
25
must be complete in itself without reference to any prior complaint or
26
any other document, and must not name any defendant that this Court has
27
dismissed without leave to amend, or add any new claims or new
28
defendants without obtaining prior leave of the Court.
Any Third Amended Complaint filed by Plaintiff
2
1
Plaintiff may not serve, or cause to be served, any Third Amended
2
Complaint that is filed personally on any named defendant absent
3
further court order.
4
on counsel for any represented defendants who have already appeared in
5
this matter.
Plaintiff may serve any Third Amended Complaint
6
7
Plaintiff is warned that failure to timely file a Third Amended
8
Complaint, or failure to correct the deficiencies described in the
9
Report and Recommendation will result in dismissal for failure to
10
prosecute and/or failure to comply with a court order.
11
12
IT IS FURTHER ORDERED that the Clerk serve copies of this Order
13
and the Judgment herein on Plaintiff at his current address of record.
14
15
16
DATED: January 20, 2017.
17
18
19
20
S. JAMES OTERO
UNITED STATES DISTRICT JUDGE
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?