Lenroy McLean v. R Phillip Gutierrez et al

Filing 78

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 68 by Judge R. Gary Klausner: The Court accepts the findings and recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED that: (1) defendants Motion for Partia l Summary Judgment 49 is granted, and Claims One(A), (B), and (C) against defendant Gutierrez are therefore dismissed with prejudice; (2) defendants Gutierrez and Hernandez are dismissed in their official capacity; (3) defendants Motion to Dismis s 48 is granted in part to the extent of dismissing Claims One(D) and (E) against defendant Gutierrez with prejudice, and thereby dismissing defendant Gutierrez; and (4) defendants Motion to Dismiss Claim Two against defendant Hernandez in his individual capacity is denied. Defendant Hernandez is ordered to answer the operative Third Amended Complaint within fourteen days of this Order. (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LENROY McLEAN,

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Plaintiff,
v.
R. PHILLIP GUTIERREZ, et al.,
Defendants.
___________________________

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Case No. ED CV 15-275-RGK (SP)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

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

19 on file, and the Report and Recommendation of the United States Magistrate Judge.
20 Further, the Court has engaged in a de novo review of those portions of the Report to
21 which plaintiff and defendants have objected. The Court accepts the findings and
22 recommendation of the Magistrate Judge.
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IT IS THEREFORE ORDERED that: (1) defendants’ Motion for Partial

24 Summary Judgment (docket no. 49) is granted, and Claims One(A), (B), and (C)
25 against defendant Gutierrez are therefore dismissed with prejudice; (2) defendants
26 Gutierrez and Hernandez are dismissed in their official capacity; (3) defendants’
27 Motion to Dismiss (docket no. 48) is granted in part to the extent of dismissing
28 Claims One(D) and (E) against defendant Gutierrez with prejudice, and thereby

1 dismissing defendant Gutierrez; and (4) defendants’ Motion to Dismiss Claim Two
2 against defendant Hernandez in his individual capacity is denied. Defendant
3 Hernandez is ordered to answer the operative Third Amended Complaint within
4 fourteen days of this Order.
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6 DATED: January 10, 2018

______________________________
HONORABLE R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE

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