Ramon Wilson v. D Moreno et al

Filing 54

ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John A. Kronstadt. IT IS HEREBY ORDERED (1) The Report and Recommendation 51 is approved and accepted. (2) Defendants' motion for summary judgment is denied. (3) Defendants' motion to dismiss is granted as to Plaintiff's claims against Defendant Martinez. (nbo)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 RAMON WILSON, Plaintiff, 12 v. 13 14 D. MORENO et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) No. ED CV 14-00513-JAK (DFM) Order Accepting Report and Recommendation of United States Magistrate Judge 18 19 Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the 20 Complaint, the parties’ motion and opposition papers, the records on file, and 21 the Report and Recommendation of the assigned United States Magistrate 22 Judge. Further, the Court has also reviewed both sides’ written objections to 23 the Report and Recommendation and made a de novo determination of those 24 portions of the Report and Recommendation to which objections are made. 25 IT IS HEREBY ORDERED that: 26 1. The Report and Recommendation is approved and accepted. 27 2. Defendants’ motion for summary judgment is denied as to 28 Plaintiff’s excessive force claim against Defendants Hernandez and Moreno. 1 3. Defendants’ motion to dismiss is granted as to Plaintiff’s claims 2 against Defendant Martinez and those claims are accordingly dismissed 3 without prejudice. 4 5 Dated: March 2, 2016 _____________________________ JOHN A. KRONSTADT United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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