Timothy Ray Baker v. F. Villalobos et al

Filing 50

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Percy Anderson for Report and Recommendation (Issued) 45 . IT IS ORDERED that: (1)The Magistrate Judge's Report and Recommendation is approved and accepted. (2)Based on Plaintiff's req uest for voluntary dismissal, Defendants Cordero, Archambo, and Ramsey are dismissed pursuant to Federal Rule of Civil Procedure 41(a). Fed. R. Civ. P. 41(a)(1)(A)(i). (3) This action now proceeds against: (a) Defendants Villalobos, Castro, B. Pabon, and R. Pabon on Plaintiffs excessive force claim; and (b) Defendants Villalobos, B. Pabon, and R. Pabon on Plaintiff'sdeliberate indifference claim; (4) all remaining claims and Defendants are DISMISSED from this action. (ec)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TIMOTHY RAY BAKER,

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Plaintiff

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v.

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SERGEANT F. VILLALOBOS, ET
AL,

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Case No. 2:18-cv-2301-PA (GJS)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Defendants.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all

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pleadings and other documents filed in this action, including the Report and

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Recommendation of the assigned United States Magistrate Judge and Plaintiff’s

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“Opposition” to the Report and Recommendation.1 Further, the Court has engaged

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Although captioned “opposition to Magistrate Judge Gail J. Standish Report
& Recommendation,” Plaintiff does not identify any particular challenge or
objection to the findings or conclusions of the Magistrate Judge. Rather, Plaintiff
seeks to voluntarily dismiss his claims against Defendants Cordero, Archambo, and
Ramsey for deliberate indifference and excessive force. [Dkt. 49 at 1.] Plaintiff
further restates his intention to pursue his claims against Defendants Castro,
Villalobos, B. Pabon and R. Pabon as addressed in the Report and Recommendation.
[Dkt. 49 at 1-3.]

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in a de novo review of those portions of the Report and Recommendation to which

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objections have been made.

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Accordingly, IT IS ORDERED that:

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(1)

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accepted.

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(2)

The Magistrate Judge’s Report and Recommendation is approved and
Based on Plaintiff’s request for voluntary dismissal, Defendants

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Cordero, Archambo, and Ramsey are dismissed pursuant to Federal Rule of Civil

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Procedure 41(a). Fed. R. Civ. P. 41(a)(1)(A)(i).

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(3)

This action now proceeds against:

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(a)

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Plaintiff’s excessive force claim; and

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(b)

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deliberate indifference claim;

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(4)

Defendants Villalobos, Castro, B. Pabon, and R. Pabon on
Defendants Villalobos, B. Pabon, and R. Pabon on Plaintiff’s

all remaining claims and Defendants are DISMISSED from this action.

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DATE: May 21, 2019

__________________________________
PERCY ANDERSON
UNITED STATES DISTRICT JUDGE

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