Michael Smith v. Superior Court of Riverside County et al

Filing 161

ORDER ADOPTING THE REPORT AND RECOMMENDATION by Judge Valerie Baker Fairbank. The 11/20/17 Report and Recommendation is ADOPTED. The motion for leave to file a First Amended Answer filed by defendants Tani Cantil-Sakauye and Martin N. Hoshino is GR ANTED. The motion for summary judgment filed by defendants Tani Cantil-Sakauye and Martin N. Hoshino on 9/5/17 is GRANTED. Plaintiff's 9/7/17 "Request to File Document Two Days Past File Date Due to Mix-Up" is GRANTED. Plaintiff' ;s 8/11/17 "Ex Parte Request to Continue Case 30 Days Due to Time Required to Complete Deposition of Chief Justice is DENIED as moot. Plaintiff's 10/11/17 "Ex Parte Request to Continue Case Four Days Due to Difficulties is DENIED as moot. This action is dismissed. (Attachments: # 1 Report and Recommendation) (sp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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______________________________________

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MICHAEL WALDEN SMITH,

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Plaintiff,
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v.
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TANI CANTIL-SAKAUYE et al.,
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Defendants.
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Case No. ED CV 14-01413-VBF-E
ORDER
Adopting the Report & Recommendation:
Granting Document Nos. 114, 141, and 145;
Denying Document #117 As Moot;
Denying Document #148 as Moot;
Dismissing the Action;
Terminating and Closing the Case (JS-6)

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Pursuant to his authority under Fed. R. Civ. P. 72(b)(1), title 28 U.S.C. section
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636(b)(1)(B), and C.D. Cal. Local Civil Rule 72-3.3, the United States Magistrate Judge
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issued a Report and Recommendation (“R&R”) on November 20, 2017. Pursuant to 28
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U.S.C. § 636(b)(1), the Court has reviewed the Fourth Amended Complaint, all of the records
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herein, the attached R&R of the Magistrate Judge, and the applicable law. On either clear24

error or de novo review, the Court finds no defect of law, fact, or logic in the R&R.
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Therefore the Court will adopt the R&R and implement its recommendations.
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ORDER

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The November 20, 2017 Report and Recommendation [Doc # 160] is ADOPTED.

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The motion for leave to file a First Amended Answer filed by defendants Tani Cantil-

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Sakauye and Martin N. Hoshino [Doc #114] is GRANTED.
The motion for summary judgment filed by defendants Tani Cantil-Sakauye and Martin N.
Hoshino on September 5, 2017 [Doc #135] is GRANTED.
Plaintiff’s September 7, 2017 “Request to File Document Two Days Past File Date Due to
Mix-Up” [Doc #141] is GRANTED.

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Plaintiff’s August 11, 2017 “Ex Parte Request to Continue Case 30 Days Due to Time
Required to Complete Deposition of Chief Justice” [Doc #117] is DENIED as moot.
Plaintiff’s October 11, 2017 “Ex Parte Request to Continue Case Four Days Due to
Difficulties” [Doc #148] is DENIED as moot.

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The Court will enter judgment by separate document.

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This action is DISMISSED.

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The case SHALL BE TERMINATED and closed (JS-6).

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Dated: January 8, 2018

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Hon. Valerie Baker Fairbank

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Senior United States District Judge

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