Charles Leonard Jackson v. A Medina et al

Filing 96

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge James V. Selna for Report and Recommendation 90 . IT THEREFORE IS ORDERED that defendant's Motion to Dismiss 83 is granted in part and denied in part as follows. (See document for further details.) (iva)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

9
10
11
12

CHARLES LEONARD
JACKSON,
Plaintiff,

13
14
15

vs.
A. MEDINA, et al.,

16
17

Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. EDCV 13-01930-JVS (DTB)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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

18 Complaint, all the records and files herein, and the Report and Recommendation of
19 the United States Magistrate Judge.
No objections to the Report and
20 Recommendation have been filed herein. The Court concurs with and accepts the
21 findings, conclusions and recommendations of the Magistrate Judge.
22

IT THEREFORE IS ORDERED that defendant’s Motion to Dismiss is granted

23 in part and denied in part as follows: (1) Plaintiff’s Fourteenth Amendment claim
24 with respect to the withholding of his mail is dismissed without leave to amend; and
25 (2) plaintiff’s First Amendment claim and Fourteenth Amendment claim with respect
26 to the confiscation of his property are dismissed with leave to amend.
27 / / /
28 / / /
1

1

Should he desire to pursue this action, plaintiff is ordered to file a Second

2 Amended Complaint within thirty (30) days of the date of this Order remedying the
3 deficiencies discussed in the Report and Recommendation.
4

If plaintiff chooses to file a Second Amended Complaint, it should bear the

5 docket number assigned in this case; be labeled “Second Amended Complaint”; and
6 be complete in and of itself without reference to the Complaint, the FAC, or any other
7 pleading, attachment, or document.
8
9 Dated: January 3, 2017
10

_______________________________
JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2