Toney Alfonso Johnson v. Jack Feist et al

Filing 54

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Otis D. Wright, II for Report and Recommendation (Issued) 53 , MOTION to Dismiss Partially, Plaintiff's Third Amended Complaint 46 . Defendant Grieb is ordered to answer the only surviving claim in Third Amended Complaint, a First Amendment retaliation claim against him in his individual capacity only, within fourteen (14) days of the date of this Order. (see document for further details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 TONEY ALFONSO JOHNSON, Plaintiff, 12 13 v. 14 JACK FEIST, et al., 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 2:19-cv-01285-ODW (JDE) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the records on file, including the operative Third Amended Complaint (Dkt. 45, “TAC”) filed by Plaintiff Toney Alfonso Johnson (“Plaintiff”), the Motion to Dismiss the TAC (Dkt. 46, “Motion”) filed by Defendants J. Clason and Jack Feist (collectively, “Moving Defendants”), Plaintiff’s Opposition to the Motion (Dkt. 48), Moving Defendants’ Reply in support of the Motion (Dkt. 51), and the Report and Recommendation of the assigned United States Magistrate Judge (Dkt. 53). No party has filed any timely written objections to the report. The Report and Recommendation is therefore approved and accepted. IT IS HEREBY ORDERED that: 1. The Motion (Dkt. 46) is GRANTED; the claims asserted in the TAC against Defendants J. Clason and Jack Feist are dismissed with prejudice, with final judgment to reflect such dismissal; 1 2 2. The TAC’s purported Fourteenth Amendment claims are stricken 3 as having been filed in violation of the Court’s prior Order (Dkt. 4 44); 5 3. Defendant Grieb is ordered to answer the only surviving claim in 6 TAC, a First Amendment retaliation claim against him in his 7 individual capacity only, within fourteen (14) days of the date of 8 this Order. 9 IT IS SO ORDERED. 10 11 12 Dated: October 16, 2020 ______________________________ OTIS D. WRIGHT, II United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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