Kevin Lee Francois v. Officer Troy Zeeman et al

Filing 82

ORDER ACCEPTING FINAL REPORT RE: DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Andrew J. Guilford. IT IS ORDERED that Defendants' motion to dismiss Plaintiff's excessive force claims against Defendants Gamble and Zeeman is denied and Defendants' motion to dismiss the remaining claims is granted without prejudice to renew should Plaintiff's criminal conviction in Arizona be called into question. (See document for further details.) re Report and Recommendation (Final) 81 . (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KEVIN LEE FRANCOIS,
Plaintiff,

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v.

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TROY ZEEMAN,
et al.,

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Defendants.
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Case No. SACV 12-988-AG (PJW)
ORDER ACCEPTING FINAL REPORT RE:
DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S FIRST AMENDED
COMPLAINT AND ADOPTING FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE

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

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to dismiss Plaintiff’s First Amended Complaint, the records on file

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herein, and the Final Report and Recommendation of the United States

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Magistrate Judge.

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of those portions of the Report and Recommendation to which

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objections have been made.

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recommendations of the Magistrate Judge and adopts them as its own

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findings and conclusions.

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Further, the Court has engaged in a de novo review

The Court accepts the findings and

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IT IS THEREFORE ORDERED that Defendants’ motion to dismiss

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Plaintiff’s excessive force claims against Defendants Gamble and

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Zeeman is denied and Defendants’ motion to dismiss the remaining

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claims is granted without prejudice to renew should Plaintiff’s

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criminal conviction in Arizona be called into question.

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IT IS SO ORDERED

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DATED: March 26, 2017

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_____________________________
ANDREW J. GUILFORD
UNITED STATES DISTRICT JUDGE

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C:\Users\imartine\AppData\Local\Temp\notesC7A056\Francois Order accepting r&r on mtd.wpd

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