Carmel Spiteri v. Riverside County et al

Filing 52

ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) GRANTING DEFENDANTS COUNTY OF RIVERSIDE, SHERIFF SNIFF AND CARREN ROBINSON'S MOTION TO DISMISS WITH LEAVE TO AMEND AS TO CERTAIN CAUSES OF ACTION by Judge Dale S. Fischer. IT IS THEREFORE ORDERED that the Court: (1) accepts the findings and recommendations of the United States Magistrate Judge;(2) grants Defendants City of Riverside, Sheriff Sniff and Carren Robinson's Motion to Dismiss Plaintiff's Second Cause of Action without leave to amend and grants Defendants' Motion to Dismiss Plaintiff's First, Third, Sixth and Seventh Causes of Action with leave to amend; and (3) Plaintiff is ordered to amend his Complaint to address the above-noted deficiencies and file a First Amended Complaint no later than June 18, 2012. 10 44 [SEE ORDER FOR DETAILS] (gr)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 7 8 9 10 11 CARMEL SPITERI, 12 13 14 15 Plaintiff, v. RIVERSIDE COUNTY, et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) No. ED CV 11-00822-DSF (VBK) ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) GRANTING DEFENDANTS COUNTY OF RIVERSIDE, SHERIFF SNIFF AND CARREN ROBINSON’S MOTION TO DISMISS WITH LEAVE TO AMEND AS TO CERTAIN CAUSES OF ACTION 17 Pursuant to 28 U.S.C. §636, the Court has reviewed the Complaint 18 and all other papers along with the attached Report and Recommendation 19 of the United States Magistrate Judge. Further, the Court has engaged 20 in de novo review of Plaintiff’s “Motion for Reconsideration re: 21 Honourable Magistrate Judge’s Report and Recommendation,” Defendants’ 22 “Reply to Objections to Report and Recommendation of Magistrate Judge 23 (Mislabeled as Motion for Reconsideration),” Plaintiff’s Objection to 24 the Honourable Magistrate Judge’s Report and Recommendation,” and 25 Defendants’ “Reply to Objections to Report and Recommendation of 26 Magistrate Judge.” 27 IT IS THEREFORE ORDERED that the Court: (1) accepts the findings 28 and recommendations of the United States Magistrate Judge;(2) grants 1 Defendants City of Riverside, Sheriff Sniff and Carren Robinson’s 2 Motion to Dismiss Plaintiff’s Second Cause of Action without leave to 3 amend and grants Defendants’ Motion to Dismiss Plaintiff’s First, 4 Third, Sixth and Seventh Causes of Action with leave to amend; and (3) 5 Plaintiff is ordered to amend his Complaint to address the above-noted 6 deficiencies and file a First Amended Complaint no later than June 18, 7 2012. 8 5/10/12 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: DALE S. FISCHER UNITED STATES DISTRICT JUDGE

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