James Plas Sams v. County of Riverside et al

Filing 44

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Stephen V. Wilson. IT IS ORDERED THAT: Plaintiff's federal civil rights claims in Claims I-II and VII-VIII are DISMISSED WITH PREJUDICE; Plain tiff's federal civil rights claims in Claims IV-VI are DISMISSED WITHOUT PREJUDICE but without leave to amend; Plaintiff's state law claims (SLC) in SLC 1-2 and 5-10 are DISMISSED WITHOUT PREJUDICE but without leave to amend. for Report and Recommendation (Issued) 42 . [SEE DOCUMENT FOR DETAILS.] (et)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JAMES PLAS SAMS,
Plaintiff,

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Case No. EDCV 17-1848 SVW (SS)

v.

ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND RECOMMENDATIONS

COUNTY OF RIVERSIDE, et al.,
Defendants.

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OF UNITED STATES MAGISTRATE
JUDGE

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

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Amended Complaint (“TAC”) in the above-captioned matter, all the

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records and files herein, and the Report and Recommendation of the

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United States Magistrate Judge.

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the Report and Recommendation has passed and no Objections have

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been received.

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findings, conclusions and recommendations of the Magistrate Judge.

The time for filing Objections to

Accordingly, the Court accepts and adopts the

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IT IS ORDERED THAT:

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1.

Plaintiff’s federal civil rights claims in Claims I-II

and VII-VIII are DISMISSED WITH PREJUDICE.

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2.

Plaintiff’s federal civil rights claims in Claims IV-VI

are DISMISSED WITHOUT PREJUDICE but without leave to amend.

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3.

Plaintiff’s state law claims (“SLC”) in SLC 1-2 and 5-10

are DISMISSED WITHOUT PREJUDICE but without leave to amend.

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4.

This action shall proceed only on federal Claim III for

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excessive force; SLC 3 under the Bane Act, Cal. Civ. Code § 52.1,

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for excessive force; and SLC 4 for negligent use of excessive force

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against Deputies Avila, Recksiek, Lycopolous and Melendez in their

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individual

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Riverside, the Riverside County Sheriff’s Department, and the City

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of Jurupa Valley.

capacities,

and

municipal

Defendants

County

of

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5.

The Magistrate Judge shall direct the United States

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Marshal to serve the Third Amended Complaint, as amended by the

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striking

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aforementioned individual and municipal Defendants.

of

claims

and

Defendants

in

this

Order,

on

the

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The Clerk shall serve copies of this Order by United States
mail on Plaintiff at his address of record.

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DATED: July 10, 2019

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STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE

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