Bently Barrett v. John Netherlain et al

Filing 57

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE by Judge Philip S. Gutierrez. IT IS ORDERED that the motions for summary judgment filed by defendants Riley, Ryan, and Munoz are granted in part and the remaining claims are dismissed without prejudice as follows: (1) Summary judgment against plaintiff and in favor of Riley, Ryan, and Munoz on Claim One is granted; (2) Summary judgment against plaintiff and in favor of Riley, Ryan, Munoz, and Netherlain on Claim Two is granted; and (3) Claims Three, Four, and Five are dismissed without prejudice. 48 (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BENTLY BARRETT,
Plaintiff,

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v.

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JOHN NETHERLAIN, et al.,
Defendants.

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No. SACV 12-193 PSG (FFM)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this

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action, the attached Report and Recommendation of United States Magistrate Judge

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(“Report”), and the objections thereto. Good cause appearing, the Court concurs with

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and accepts the findings of fact, conclusions of law, and recommendations contained in

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the Report after having made a de novo determination of the portions to which

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objections were directed.
IT IS ORDERED that the motions for summary judgment filed by defendants

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Riley, Ryan, and Munoz are granted in part and the remaining claims are dismissed

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without prejudice as follows:
(1)

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Summary judgment against plaintiff and in favor of Riley, Ryan, and
Munoz on Claim One is granted;

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(2)

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Summary judgment against plaintiff and in favor of Riley, Ryan, Munoz,
and Netherlain on Claim Two is granted; and

(3)

Claims Three, Four, and Five are dismissed without prejudice.

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DATED: September 25, 2013

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PHILIP S. GUTIERREZ
United States District Judge

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