Francisco Garcia v. Los Angeles County et al

Filing 40

ORDER ACCEPTING FINAL REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE by Judge James V. Selna. IT IS THEREFORE ORDERED that all of Plaintiff's claims are dismissed without leave to amend except for his: a. Plaintiffs Section 1983 First Ame ndment "right of access to courts" claim against Defendants Peralta and Yhamel based on confiscation and destruction of legal papers; and b. His Bane Act claim against Defendants Peralta and Yhamel based upon the same. re: Report and Recommendation (Final) 39 . (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FRANCISCO GARCIA,

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Case No. 2:20-cv-08528-JVS-KES

Plaintiff,
v.
LOS ANGELES COUNTY, et al.,

ORDER ACCEPTING FINAL REPORT
AND RECOMMENDATION OF U.S.
MAGISTRATE JUDGE

Defendants.

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

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records and files herein, along with the Final Report and Recommendation of the

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United States Magistrate Judge. Further, the Court has engaged in a de novo

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review of those portions of the original Report and Recommendation (Dkt. 29) to

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which objections (Dkt. 37) have been made. The Court accepts the findings,

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conclusions, and recommendations of the United States Magistrate Judge.

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IT IS THEREFORE ORDERED that all of Plaintiff’s claims are dismissed
without leave to amend except for his:
a. Plaintiff’s Section 1983 First Amendment “right of access to courts”
claim against Defendants Peralta and Yhamel based on confiscation and

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destruction of legal papers; and
b. His Bane Act claim against Defendants Peralta and Yhamel based upon
the same.

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DATED: November 18, 2021
James V. Selna
UNITED STATES DISTRICT JUDGE

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