Amery Gaspard et al v. DEA Task Force et al

Filing 30


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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 AMERY GASPARD, et al., 11 Plaintiffs, 12 v. 13 DEA TASK FORCE, et al., 14 Case No. EDCV-16-02290-BRO (KES) ORDER ACCEPTING FINDINGS AND Defendants. RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 15 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the 18 records and files herein, along with the Report and Recommendation of the United 19 States Magistrate Judge. Objections to the Report and Recommendation were due 20 by April 13, 2017 and none were filed. The Court accepts the findings, conclusions, 21 and recommendations of the United States Magistrate Judge. 22 IT IS THEREFORE ORDERED that: (1) the civil rights claims against 23 Ernest Cartwright are dismissed with prejudice for failure to allege that Cartwright 24 acted under color of state or federal law; (2) the civil rights claims against Chuck 25 Rosenberg, Acting Administrator of the Drug Enforcement Administration, are 26 dismissed with prejudice for failure to allege his personal involvement in the 27 incidents at issue; (3) the Americans with Disabilities Act (“ADA”) claim against 28 1 Rosenberg is dismissed with prejudice because the cited provision of the ADA does 2 not apply to the federal government; and (4) the ADA claim against the City of San 3 Bernardino is dismissed without prejudice to Plaintiffs pursuing that claim in Case 4 No. CV-15-01802-BRO-KES, which is currently stayed due to bankruptcy 5 proceedings by the City. 6 This action will proceed on the following claims pled in Plaintiff’s First 7 Amended Complaint: (1) the civil rights claims against the individually named law 8 enforcement officers, and (2) the ADA claim against the County of San Bernardino 9 based on Plaintiff’s treatment while incarcerated. (Dkt. 25.) 10 11 DATED: May 2, 2017 12 ____________________________________ BEVERLY REID O’CONNELL UNITED STATES DISTRICT JUDGE 13 14 15 Presented By: 16 17 18 ____________________________________ KAREN E. SCOTT UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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