Sammy Lee Morris v. CDCR et al

Filing 52

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Stephen V. Wilson for Report and Recommendation 46 . IT IS THEREFORE ORDERED that Defendants' Motion to Dismiss 40 is DENIED without prejudice to Defendants arguing they are entitled to qualified immunity in a motion for summary judgment. (iva)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SAMMY LEE MORRIS,
Plaintiff,

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v.

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Case No. CV 16-5547-SVW (KK)

CDCR, et al.,
Defendants.

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 the Third Amended

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Complaint, the Motion to Dismiss, the relevant records on file, and the Report and

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Recommendation of the United States Magistrate Judge. The Court has engaged in

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de novo review of those portions of the Report to which Defendants have objected.

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The Court accepts the findings and recommendation of the Magistrate Judge.

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IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss is

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DENIED without prejudice to Defendants arguing they are entitled to qualified

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immunity in a motion for summary judgment.

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Dated: January 19, 2018

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HONORABLE STEPHEN V. WILSON
United States District Judge