Khaaliq Binns v. D. Asuncion et al

Filing 79

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Dale S. Fischer for Report and Recommendation (Issued) 76 . [See Order for details.] (et)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KHAALIQ BINNS,
Plaintiff,

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Case No. 2:16-cv-05481-DSF (SHK)

v.
D. ASUNCION, et al.,
Defendants.

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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 Plaintiff’s Second

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Amended Complaint (“SAC”), Defendants’ Motion to Dismiss (“MTD”), the

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

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United States Magistrate Judge (“Amended R&R”), issued on May 20, 2020.

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Electronic Case Filing Number (“ECF No.”) 76, Amended R&R. Objections to

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the Amended R&R were due on June 9, 2020. ECF No. 77, Notice of Filing

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Amended R&R. No objections have been filed.

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Therefore, the Court accepts the findings and recommendation of the
Magistrate Judge.

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IT IS THEREFORE ORDERED that:

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(1)

The Amended R&R is ACCEPTED;

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(2)

Defendants’ MTD is GRANTED in part and DENIED in part as

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follows:

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(a)

Insofar as Defendants moved to dismiss Plaintiff’s claims

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against Defendant Warden D. Asuncion, Defendants’ MTD is

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GRANTED;

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(b)

Insofar as Defendants moved to dismiss Plaintiff’s Eighth

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Amendment claim, and to strike Plaintiff’s punitive damages

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claim, Defendants’ MTD is DENIED; and

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(c)

Insofar as Defendants moved to dismiss Plaintiff’s SAC based

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on qualified immunity, Defendants’ MTD is DENIED, without

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prejudice.

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DATED: July 20, 2020
Honorable Dale S. Fischer
UNITED STATES DISTRICT JUDGE

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