Victor Arzate v. Los Angeles Sheriffs Dept

Filing 44

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge David O. Carter for Report and Recommendation 40 . IT IS HEREBY ORDERED that: 1. The Report and Recommendation is approved and accepted; 2. The Motions to D ismiss the First Amended Complaint filed by Defendants Lopez, Ahsmuhs and Cisneros (Dkt. Nos. 22 & 26 ) are GRANTED with leave to amend; and 3. If Plaintiff desires to continue to pursue this action, he shall file a Second Amended Complaint within 30 days of the date of this Order. Plaintiff is advised that failure to timely file a Second Amended Complaint may result in a dismissal of this action with prejudice for failure to prosecute. Plaintiff is further advised that a failure to remedy the deficiencies identified in the Report and Recommendation in any Second Amended Complaint could result in a dismissal of the action without leave to amend and with prejudice. (mt)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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VICTOR ARZATE,
Plaintiff,

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v.

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DEPUTY LOPEZ, et al.,

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Defendants.

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Case No.: CV 16-08194-DOC (JDE)
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 records on file,

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including the First Amended Complaint, the Motions to Dismiss, the Report

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and Recommendation of the assigned United States Magistrate Judge, the

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Objection filed by Plaintiff and the Reply to Objection filed by Defendants.

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Further, the Court has engaged in a de novo review of those portions of the

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Report and Recommendation to which objections have been 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.

The Motions to Dismiss the First Amended Complaint filed by

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Defendants Lopez, Ahsmuhs and Cisneros (Dkt. Nos. 22 & 26)

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are GRANTED with leave to amend; and

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3.

If Plaintiff desires to continue to pursue this action, he shall file a

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Second Amended Complaint within 30 days of the date of this

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Order. Plaintiff is advised that failure to timely file a Second

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Amended Complaint may result in a dismissal of this action with

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prejudice for failure to prosecute. Plaintiff is further advised that a

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failure to remedy the deficiencies identified in the Report and

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Recommendation in any Second Amended Complaint could result

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in a dismissal of the action without leave to amend and with

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prejudice.
Dated: September 18, 2017

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______________________________
DAVID O. CARTER
United States District Judge

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