Kanwaljit Singh Hundal v. California Department of Corrections and Rehabiliation

Filing 66

ORDER ACCEPTING AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Christina A. Snyder for Report and Recommendation (Issued), 60 . IT IS ORDERED that the Motion is granted, in part, and denied, in par t, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, as follows: (1) The equal protection claim alleged in the Third Amended Complaint is dismissed without leave to amend; and (2) The Motion is denied as to the RLUIPA claim alleged in the Third Amended Complaint. Defendants shall file and serve an Answer to the Third Amended Complaint, as so amended, within twenty (20) days of this Order. IT IS SO ORDERED. (mz)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KANWALJIT SINGH HUNDAL,

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Plaintiff,
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v.
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HEIDI LACKNER, et al,
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Defendants.
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NO. EDCV 08-00543-CAS (MAN)
ORDER ACCEPTING AND ADOPTING
FINDINGS, CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED STATES
MAGISTRATE JUDGE

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

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Amended Complaint, defendants’ motion to dismiss the Third Amended

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Complaint (“Motion”), all of the records herein, the Report and

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Recommendation

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plaintiff’s Objections.

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those matters to which Objections have been stated in writing.

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completed its review, the Court accepts and adopts the Report.

of

United

States

Magistrate

Judge

(“Report”),

and

The Court has conducted a de novo review of
Having

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IT IS ORDERED that the Motion is granted, in part, and denied, in

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part,

pursuant

to

Rule

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Procedure, as follows:

12(b)(6)

of

the

Federal

Rules

of

Civil

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(1)

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The equal protection claim alleged in the Third Amended
Complaint is dismissed without leave to amend; and

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(2)

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The Motion is denied as to the RLUIPA claim alleged in the
Third Amended Complaint.

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Defendants shall file and serve an Answer to the Third Amended
Complaint, as so amended, within twenty (20) days of this Order.

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IT IS SO ORDERED.

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DATED:

May 20, 2011.

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CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE

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