Amery Gaspard et al v. DEA Task Force et al

Filing 30

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, by Judge Beverly Reid O'Connell 27 . (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AMERY GASPARD, et al.,

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Plaintiffs,

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v.

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DEA TASK FORCE, et al.,

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Case No. EDCV-16-02290-BRO (KES)

ORDER ACCEPTING FINDINGS AND

Defendants.

RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the

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records and files herein, along with the Report and Recommendation of the United

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States Magistrate Judge. Objections to the Report and Recommendation were due

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by April 13, 2017 and none were filed. The Court accepts the findings, conclusions,

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and recommendations of the United States Magistrate Judge.

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IT IS THEREFORE ORDERED that: (1) the civil rights claims against

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Ernest Cartwright are dismissed with prejudice for failure to allege that Cartwright

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acted under color of state or federal law; (2) the civil rights claims against Chuck

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Rosenberg, Acting Administrator of the Drug Enforcement Administration, are

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dismissed with prejudice for failure to allege his personal involvement in the

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incidents at issue; (3) the Americans with Disabilities Act (“ADA”) claim against

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Rosenberg is dismissed with prejudice because the cited provision of the ADA does

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not apply to the federal government; and (4) the ADA claim against the City of San

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Bernardino is dismissed without prejudice to Plaintiffs pursuing that claim in Case

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No. CV-15-01802-BRO-KES, which is currently stayed due to bankruptcy

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proceedings by the City.

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This action will proceed on the following claims pled in Plaintiff’s First

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Amended Complaint: (1) the civil rights claims against the individually named law

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enforcement officers, and (2) the ADA claim against the County of San Bernardino

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based on Plaintiff’s treatment while incarcerated. (Dkt. 25.)

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DATED: May 2, 2017

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____________________________________
BEVERLY REID O’CONNELL
UNITED STATES DISTRICT JUDGE

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Presented By:

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____________________________________
KAREN E. SCOTT
UNITED STATES MAGISTRATE JUDGE

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