Joseph Machul v. City of Long Beach et al

Filing 26

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, by Judge Valerie Baker Fairbank 25 . If Plaintiff wishes to pursue this action in this Court, he is ORDERED to file a Second Amended Complaint within twenty-one (21) days of the date of this Order that corrects the pleading deficiencies identified in the Magistrate Judges Report and Recommendation. (twdb)

1
April 20, 2015

2

T
S

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

SOUTHERN DIVISION

11

JOSEPH MACHUL,
Plaintiff,

12
v.

13
14

CITY OF LONG BEACH et al.,

15

Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)
)
)
)

No. SA CV 14-00205-VBF (DFM)
Order Accepting Report and
Recommendation of United States
Magistrate Judge

Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the First

19

Amended Complaint, the records on file, and the Report and

20

Recommendation of the assigned United States Magistrate Judge. Neither

21

party has filed any written objections to the Report.

22

IT IS HEREBY ORDERED that:

23

1.

24

and accepted.

25

2.

The Magistrate Judge’s Report and Recommendation is approved
Defendants’ motion to dismiss is granted in part and denied in part

26

as set forth in the Report and Recommendation.

27

///

28

///

1

3.

If Plaintiff wishes to pursue this action in this Court, he is

2

ORDERED to file a Second Amended Complaint within twenty-one (21) days

3

of the date of this Order that corrects the pleading deficiencies identified in the

4

Magistrate Judge’s Report and Recommendation. The Second Amended

5

Complaint may not contain any new claims for relief. It must also bear the

6

case number SA CV 14-00205-VBF (DFM), must be a complete and

7

independent document, and must not refer to prior pleadings. Plaintiff is

8

cautioned that failure to file a Second Amended Complaint within the time

9

specified in this Order may result in the dismissal of this action with prejudice

10

on the grounds stated in the Report and Recommendation and/or for failure to

11

prosecute.

12
13

April 20, 2015

Dated: __________________
______________________________
VALERIE BAKER FAIRBANK
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2