Marcos Munoz v. California Department of Corrections et al

Filing 77

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Cormac J. Carney for Report and Recommendation (Issued) 70 . Accordingly, if Plaintiff wishes to pursue thisaction against the Doe Defendants and/or the Defendant County, he must file a Fourth Amended Complaint (or a motion for leave to file a Fourth Amended Complaint) immediately. [See document for details.] (et)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 ) ) ) ) ) CALIFORNIA DEPARTMENT OF ) CORRECTIONS, et al, ) ) Defendant. _________________________________ ) MARCOS MUNOZ, Plaintiff, v. NO. CV 18-10264-CJC (KS) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended Complaint 19 (the “TAC”), the motion for summary judgment filed by Defendants Little, Nelson, and 20 Estrada (the “Motion”) and related briefing, and the Report and Recommendation of United 21 States Magistrate Judge (“Report”). The time for filing Objections to the Report has passed, 22 and no Objections have been filed with the Court. 23 \\ 24 \\ 25 \\ 26 \\ 27 \\ 28 \\ 1 1 Having completed its review, the Court accepts the findings and recommendations set 2 forth in the Report. Accordingly, IT IS ORDERED that the Motion is GRANTED, and 3 judgment shall be entered dismissing all claims against Defendants Little, Nelson, and Estrada 4 without prejudice. 5 6 Plaintiff is reminded that his deadline for either dismissing the Doe Defendants in the 7 TAC or filing a motion for leave to file a Fourth Amended Complaint that identifies all 8 Defendants by name and his deadline for either dismissing his claims against the Defendant 9 County or filing a Fourth Amended Complaint amending his claims against the Defendant 10 County have both passed. (See Dkt. No. 74.) Accordingly, if Plaintiff wishes to pursue this 11 action against the Doe Defendants and/or the Defendant County, he must file a Fourth 12 Amended Complaint (or a motion for leave to file a Fourth Amended Complaint) immediately. 13 14 DATED: September 9, 2020 ________________________________ CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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