Samuel Anthony Acinelli, Jr v. Robert Herrick et al

Filing 54

ORDER ACCEPTING MAGISTRATE JUDGE'S INTERIM REPORT AND RECOMMENDATION 51 by Judge Andre Birotte, Jr. IT IS ORDERED: 1. The Interim Report and Recommendation is approved and accepted. 2. Defendant's motion to dismiss is granted. 43 3. P laintiff's Eighth Amendment claim for inadequate medical care is dismissed without leave to amend and with prejudice. 4. Plaintiffs state law claims are dismissed with leave to amend. 5. Plaintiff is ordered, if he desires to pursue his state la w claims, to file a Fifth Amended Complaint no later than thirty (30) days of the date of service of this Order accepting this Report and Recommendation. 6. Defendant is ordered, if plaintiff fails to timely file a Fifth Amended Complaint, to file an answer to plaintiff's sexual assault claim as alleged in the Fourth Amended Complaint no later than thirty (30) days after plaintiff's date for filing a Fifth Amended Complaint has passed. 7. The clerk shall serve this order on all counsel or parties of record. *See Order for further details.* (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 ANTHONY ACINELLI, Jr.,

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Plaintiff,

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v.

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KIRK ANTHONY TORRES,

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Defendant.

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No. ED CV 13-1371-AB (PLA)
ORDER ACCEPTING MAGISTRATE
JUDGE’S INTERIM REPORT AND
RECOMMENDATION

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Fourth Amended Complaint, all

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the records and files herein, and the magistrate judge’s interim report and recommendation. The

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Court accepts the recommendations of the magistrate judge.

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ACCORDINGLY, IT IS ORDERED:

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1.

The Interim Report and Recommendation is approved and accepted.

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2.

Defendant’s motion to dismiss is granted.

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3.

Plaintiff’s Eighth Amendment claim for inadequate medical care is dismissed without

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leave to amend and with prejudice.

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4.

Plaintiff’s state law claims are dismissed with leave to amend.

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5.

Plaintiff is ordered, if he desires to pursue his state law claims, to file a Fifth

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Amended Complaint no later than thirty (30) days of the date of service of this Order

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accepting this Report and Recommendation. The Fifth Amended Complaint must bear the

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docket number assigned in this case, be labeled “Fifth Amended Complaint,” and be complete in

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and of itself without reference to any other pleading or document (plaintiff is advised that he must

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include his sexual assault claim against Dr. Torres if he chooses to file a Fifth Amended

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Complaint).

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6.

Defendant is ordered, if plaintiff fails to timely file a Fifth Amended Complaint, to file

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an answer to plaintiff’s sexual assault claim as alleged in the Fourth Amended Complaint no later

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than thirty (30) days after plaintiff’s date for filing a Fifth Amended Complaint has passed.

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7.

The clerk shall serve this order on all counsel or parties of record.

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DATED: July 16, 2015
HONORABLE ANDRÉ BIROTTE JR.
UNITED STATES DISTRICT JUDGE

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