Delbert R. Barnett v. Josie Gastelo et al

Filing 10

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge R. Gary Klausner for Report and Recommendation 8 , REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support 2 . 1. The First Amended Complaint (Dkt. 6) is DISMISSED; 2. The IFP Request (Dkt. 2) is DENIED; and 3. Judgment shall be entered dismissing this action with prejudice. (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 DELBERT R. BARNETT, 12 Plaintiff, 13 14 15 v. JOSIE GASTELO, et al., Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:22-cv-04070-RGK-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, 19 including the Complaint (Dkt. 1) filed by Delbert R. Barnett (“Plaintiff”); 20 Plaintiff’s Request to Proceed Without Prepayment of Filing Fees (Dkt. 2, 21 “IFP Request”); the Order re Plaintiff’s Complaint issued by the assigned 22 Magistrate Judge (Dkt. 5); the First Amended Complaint filed by Plaintiff 23 (Dkt. 6); the Report and Recommendation issued by the Magistrate Judge 24 (Dkt. 8, “Report”); and Plaintiff’s Objections to the Report (Dkt. 9). The Court 25 has engaged in a de novo review of those portions of the Report to which 26 objections have been made. The Court accepts the findings and 27 recommendation of the magistrate judge. 28 /// 1 Therefore, IT IS HEREBY ORDERED that: 2 1. The First Amended Complaint (Dkt. 6) is DISMISSED; 3 2. The IFP Request (Dkt. 2) is DENIED; and 4 3. Judgment shall be entered dismissing this action with prejudice. 5 6 IT IS SO ORDERED. 7 8 9 10 Dated: September 14, 2022 _____________________________ R. GARY KLAUSNER United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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