David Johnson v. Gutierrez et al

Filing 52

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dolly M. Gee for Report and Recommendation (Issued) 41 , NOTICE OF MOTION AND MOTION for Summary Judgment Memorandum of Points and Autho rities 32 . IT IS HEREBY ORDERED THAT: (1) the Motion for Summary Judgment is DENIED; (2) Defendants shall file an Answer to the First Amended Complaint within fourteen (14) days of the entry of this Order; and (3) the Clerk shall serve copies of this Order and the Report and Recommendation on plaintiff and counsel for defendants. See order for details. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DAVID JOHNSON,

Case No. ED CV 15-71 DMG (JC)
Plaintiff,

v.
JESUS FERNANDEZ, M.D., et al.,

ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Defendants.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Original Complaint,

17 the First Amended Complaint, all documents filed in support of and in opposition
18 to defendants’ Motion for Summary Judgment (“Motion for Summary Judgment”),
19 the Report and Recommendation of United States Magistrate Judge (“Report and
20 Recommendation”), Defendants’ objections to the Report and Recommendation
21 (“Objections”), and the records herein. The Court has further made a de novo
22 determination of those portions of the Report and Recommendation to which
23 objection is made. The Objections largely mischaracterize the Report and
24 Recommendation and/or are based on the same arguments previously raised, and
25 which the Report and Recommendation properly concludes have no merit.
26 Accordingly, the Court concurs with and accepts the findings, conclusions, and
27 recommendations of the United States Magistrate Judge and overrules the
28 Objections.

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IT IS HEREBY ORDERED THAT: (1) the Motion for Summary Judgment

2 is DENIED; (2) Defendants shall file an Answer to the First Amended Complaint
3 within fourteen (14) days of the entry of this Order; and (3) the Clerk shall serve
4 copies of this Order and the Report and Recommendation on plaintiff and counsel
5 for defendants.
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IT IS SO ORDERED.

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8 DATED: January 16, 2018
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________________________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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