Robert R. Snyder v. CA Dept. of Corrections and Rehabilitation et al

Filing 93

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Philip S. Gutierrez for Report and Recommendation (Issued), 89 . IT IS ORDERED that: (1) Defendants' Motion to Dismiss is GRANTED; (2) Plaintiff's Third Amended Complaint is dismissed with prejudice as to Defendants Gastelo, Asuncion, Scheiffele, Phillips, Ward, Floercky, and Esquerra; and (3) Plaintiff's Third Amended Complaint is dismissed without prejudice as to Acuna/John Doe. (dml)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROBERT R. SNYDER,
Plaintiff,

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Case No. CV 18-01223 PSG (RAO)

v.
CA DEPT. OF CORRECTIONS
AND REHABILITATION, et al.,

ORDER ACCEPTING 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 Third Amended
Complaint, Dkt. No. 81; the Motion to Dismiss filed by Defendants Gastelo,
Asuncion, Scheiffele, Phillips, Ward, Floercky, and Esquerra (collectively,
“Defendants”), Dkt. No. 82; Plaintiff’s Opposition to the Motion to Dismiss, Dkt.
No. 86; Defendants’ Reply, Dkt. No. 87; the Report and Recommendation of United
States Magistrate Judge (“Report”), Dkt. No. 89; Plaintiff’s Objections to the Report,
Dkt. No. 90; Defendants’ Reply to Plaintiff’s Objections, Dkt. No. 92; and all of the
other records and files herein. Further, the Court has made a de novo determination
of those portions of the Report to which Plaintiff has objected. The Court is not
persuaded by Plaintiff’s Objections and hereby accepts and adopts the Magistrate
Judge’s findings, conclusions, and recommendations.

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Accordingly, IT IS ORDERED that:

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(1) Defendants’ Motion to Dismiss is GRANTED;

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(2) Plaintiff’s Third Amended Complaint is dismissed with prejudice as to

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Defendants Gastelo, Asuncion, Scheiffele, Phillips, Ward, Floercky, and

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Esquerra; and

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(3) Plaintiff’s Third Amended Complaint is dismissed without prejudice as
to Acuna/John Doe.

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DATED: 1/5/21

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PHILIP S. GUTIERREZ
UNITED STATES DISTRICT JUDGE

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