Anthony Phillips v. D. Melo Trejos et al

Filing 36

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Otis D. Wright, II for NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 28 , Report and Recommendation (Issued) 31 . IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss ("MTD") Plaintiff's First Amended Complaint ("FAC") be DENIED with prejudice. (see document for further details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 ANTHONY PHILLIPS, SR., Plaintiff, 13 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE v. 14 15 Case No. 2:17-cv-04673-ODW (SHK) D. MELO TREJOS, Defendant. 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff’s First 19 Amended Complaint (“FAC”), Defendant’s Motion to Dismiss (“MTD”) Plaintiff’s 20 FAC, the relevant records on file, and the Report and Recommendation of the 21 United States Magistrate Judge. The Court has engaged in de novo review of 22 those portions of the Report to which Defendant has objected. Court accepts the 23 findings and recommendation of the Magistrate Judge. 24 25 IT IS THEREFORE ORDERED that Defendant’s MTD Plaintiff’s FAC be DENIED with prejudice. 26 27 28 Dated: 8/26/2019 HONORABLE OTIS D. WRIGHT, II United States District Judge

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