Everton Whitely v. CDCR et al

Filing 22

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Andrew J. Guilford for Report and Recommendation (Issued) 20 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 16 . IT IS ORDERED as fo llows: (1) Defendant Sorheim's motion to dismiss is denied. (2) Defendant CDCR is dismissed from this action without leave to amend; and (3) Defendant Sorheim is ordered to file an Answer to the Complaint within 30 days after entry of this order. (see order for details) (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EVERTON WHITELY,
Plaintiff,

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v.
CDCR, et al.,
Defendant.

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NO. CV 18-1143-AG (AGR)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the complaint, records on
file, and the Report and Recommendation of the United States Magistrate Judge. No
objections to the Report have been filed. The Court accepts the findings and
recommendation of the Magistrate Judge.
IT IS ORDERED as follows:
(1)

Defendant Sorheim’s motion to dismiss is denied.

(2)

Defendant CDCR is dismissed from this action without leave to amend; and

(3)

Defendant Sorheim is ordered to file an Answer to the Complaint within 30
days after entry of this order.

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DATED: December 24, 2018

ANDREW J. GUILFORD
United States District Judge