Ninh Dinh Pham v. Starkey et al

Filing 45

ORDER ACCEPTING INTERIM REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Otis D. Wright, II for interim Report and Recommendation (Issued), 40 . IT IS ORDERED that Defendant Hickss Motion is GRANTED and Plaintiffs claims against Defendant Hicks are hereby dismissed with prejudice and without leave to amend. (sbu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,

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v.

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Case No. CV 16-05959 ODW (RAO)

NINH DINH PHAM,

SHERIFF OFFICER STARKEY, et
al.,

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ORDER ACCEPTING INTERIM
REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE
JUDGE

Defendants.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

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Complaint, the motion to dismiss (“Motion”) filed by Defendant Delanie Hicks, all
of the other records and files herein, and the Interim Report and Recommendation
of United States Magistrate Judge (“Report”). Further, the Court has engaged in a
de novo review of those portions of the Report to which Plaintiff has objected.1
The

Court

hereby

accepts

and

adopts the findings, conclusions, and

recommendations of the Magistrate Judge.
///
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Plaintiff filed objections to the Report (Dkt. No. 41), to which Defendant filed a response
(Dkt. No. 42). Plaintiff subsequently filed a reply to Defendant’s response (Dkt. No. 43), which
was not authorized by the Magistrate Judge, this Court, the Federal Rules of Civil Procedure, or
this District’s Local Rules. Regardless, Plaintiff’s arguments are duplicative of those he has
made elsewhere, and they do not alter the Court’s conclusions.

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Accordingly, IT IS ORDERED that Defendant Hicks’s Motion is

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GRANTED and Plaintiff’s claims against Defendant Hicks are hereby dismissed

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with prejudice and without leave to amend.

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DATED: _April 25, 2017

___________________________________
OTIS D. WRIGHT II
UNITED STATES DISTRICT JUDGE

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