Thomas David Sides v. Hossini et al

Filing 50

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dolly M. Gee for Report and Recommendation (Issued) 49 . IT IS ORDERED that: The Delman Motion is GRANTED and Defendant Delman is dismissed with prejudice. The Hosseini Motion is GRANTED and the First Amended Complaint is dismissed with leave to amend to afford Plaintiff a final chance to attempt to state a viable Eighth Amendment-based Bivens claim against Defendant Hosseini. Defendant Dr. Saroj Gulan i is dismissed without prejucie. The Amendment Motion is DENIED; If Plaintiff wishes to purse this action, he must file and serve Defendant Hosseini a Second Amended Complaint within thirty (30) days of this Order that correct defects of the First Amended Complaint as outlined in the Report. (et)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THOMAS DAVID SIDES,

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Plaintiff
v.
DR. SEYED S. HOSSEINI, et al.,

Case No. CV 22-08334-DMG (GJS)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

Defendants.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

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Complaint [Doc. # 9], all relevant documents filed and lodged in this action, the

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motion to dismiss filed by Defendant Dr. Allan Delman [Doc. # 36, “Delman

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Motion”] and the parties’ related briefing [Doc. ## 40, 46], the motion to dismiss

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filed by Defendant Dr. Seyed S. Hosseini [Doc. # 38, “Hosseini Motion”] and the

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parties’ related briefing [Doc. ## 41, 45], Plaintiff’s “Motion to Amend Complaint

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to Correct” [Doc. # 47, “Amendment Motion”], and the Report and

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Recommendation of United States Magistrate Judge addressing these three motions

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[Doc. # 49, “Report”]. No Objections to the Report have been filed with the Court

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and the time for doing so has expired.

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