Lloyd White v. Kee Nguyen

Filing 35

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS by Judge Christina A. Snyder for Report and Recommendation (Issued), 30 . IT IS ORDERED that Defendant's Motion to Dismiss is granted as follows: 1. Plaintiff's Complaint is dismissed with prejudice for lack of subject matter jurisdiction under the Rooker-Feldman doctrine. 2. Plaintiff's Eighth Amendment claim is dismissed with prejudice as untimely. 3. Plaintiff's Fourteenth Amendment claims are dismissed with prejudice for failure to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that Judgment shall be entered dismissing the action with prejudice. (san)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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LLOYD WHITE,
Plaintiff,

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v.
KEE NGUYEN,
Defendant.

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Case No. EDCV 16-1784-CAS (JEM)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the

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records on file, and the Report and Recommendation of the United States Magistrate

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Judge. Plaintiff has filed Objections, and the Court has engaged in a de novo review of

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those portions of the Report and Recommendation to which Plaintiff has objected. The

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Court accepts the findings and recommendations of the Magistrate Judge.

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IT IS ORDERED that Defendant’s Motion to Dismiss is granted as follows:

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1. Plaintiff’s Complaint is dismissed with prejudice for lack of subject matter

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jurisdiction under the Rooker-Feldman doctrine.

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2. Plaintiff’s Eighth Amendment claim is dismissed with prejudice as untimely.

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3. Plaintiff’s Fourteenth Amendment claims are dismissed with prejudice for failure to

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state a claim upon which relief can be granted.

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IT IS FURTHER ORDERED that Judgment shall be entered dismissing the action
with prejudice.

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DATED:

December 4, 2017
CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE

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