Samuel Martinez v. Angel Ortiz et al

Filing 84

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 79 by Judge Dolly M. Gee. (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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SAMUEL MARTINEZ,
Plaintiff,

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v.

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SALVADOR VILLALON, et al.,

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Defendants.

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No. ED CV 13-01064-DMG (DFM)
Order Accepting Report and
Recommendation of United States
Magistrate Judge

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

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Complaint, the motion and opposition papers, the records on file, and the

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Report and Recommendation of the assigned United States Magistrate Judge.

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Further, the Court has engaged in a de novo review of those portions of the

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Report and Recommendation to which objections have been made. The Court

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accepts the findings and recommendation of the Magistrate Judge.

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THEREFORE, IT IS HEREBY ORDERED that:

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1.

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///

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Defendants’ motion for summary judgment is granted.

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Plaintiff’s unexhausted claim that Defendant Deveza violated his

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constitutional rights by “tricking” him into withdrawing his 2010 grievance is

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dismissed without prejudice.

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3.

Plaintiff’s remaining claims are dismissed with prejudice.

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Judgment shall be entered dismissing this case accordingly.

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DATED: September 19, 2017
______________________________
DOLLY M. GEE
United States District Judge

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