Leonard Shawn Robinson v. L. Buffaloe et al

Filing 68

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Josephine L. Staton for Report and Recommendation 64 , MOTION to Dismiss The First Amended Complaint 49 . a. The Court denies Defendants' Motion to Dismiss the First Amendment retalia tion claim against Defendant Buffaloe; b. The Court grants Defendants' Motion to Dismiss the remaining claims against Defendant Buffaloe with leave to amend; c. The Court grants Defendants' Motion to Dismiss the Fourteenth Amendment procedu ral due process claim without leave to amend; and d. The Court grants Defendants' Motion to Dismiss all other claims against Defendants Crawford, Marsh, Guthrie, Vieyra, Briseno, Curry, and Gastelo with leave to amend. 2. Plaintiff must file a second amended complaint, or a statement reflecting his desire to proceed only on the First Amendment retaliation claim against Defendant Buffaloe by no later than thirty (30) days after entry of this order. (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 LEONARD SHAWN ROBINSON, 12 Plaintiff, 13 v. Case No. 2:19-00824 JLS (ADS) 14 15 L. BUFFALOE, et al., ORDER ACCEPTING UNITED STATES MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Defendants. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 18 Complaint (“FAC”) filed by Leonard Shawn Robinson (“Plaintiff”), (Dkt. No. 15), 19 Defendants’ Motion to Dismiss the First Amended Complaint, (Dkt. No. 49), Plaintiff’s 20 Objection to Defendants[’] Notice of Motion to Dismiss, (Dkt. No. 54), Defendants’ 21 Reply in Support of Motion to Dismiss the First Amended Complaint, (Dkt. No. 57), the 22 Report and Recommendation of United States Magistrate Judge dated August 3, 2021, 23 (Dkt. No. 64), Plaintiff’s Objections to Report and Recommendation of U.S. Magistrate 24 Judge (“Objections”), (Dkt. No. 67), as well as all related records. The Court has 1 engaged in a de novo review of those portions of the Report and Recommendation to 2 which objections were made. Plaintiff’s Objections are overruled because they do not 3 contain any new legal arguments and largely recite the allegations contained in the FAC. 4 The Court agrees with the findings and recommendations of the Magistrate Judge and, 5 therefore, accepts the Report and Recommendation. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. a. The Court denies Defendants’ Motion to Dismiss the First Amendment retaliation claim against Defendant Buffaloe; 8 9 b. The Court grants Defendants’ Motion to Dismiss the remaining claims against Defendant Buffaloe with leave to amend; 10 c. The Court grants Defendants’ Motion to Dismiss the Fourteenth Amendment procedural due process claim without leave to amend; and 11 12 d. The Court grants Defendants’ Motion to Dismiss all other claims against Defendants Crawford, Marsh, Guthrie, Vieyra, Briseno, Curry, and Gastelo with leave to amend. 13 14 15 16 The Report and Recommendation, (Dkt. No. 64), is accepted as follows: 2. Plaintiff must file a second amended complaint, or a statement reflecting his desire to proceed only on the First Amendment retaliation claim against Defendant Buffaloe by no later than thirty (30) days after entry of this order. 17 18 19 DATED: September 30, 2021 ______________________________ THE HONORABLE JOSEPHINE L. STATON United States District Judge 20 21 22 23 24 2

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