Lonnie D. Sampson v. Richard Tauer et al

Filing 59

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Michael W. Fitzgerald for Report and Recommendation 54 . IT THEREFORE IS ORDERED that the Motions to Dismiss and Motions for More Definite Statem ents are granted; that Donna Brush's Joinder is denied as moot; that Mark Bresee's Motion to Set Aside Default and setting aside the Clerk's entry of default against Bresee is granted; that plaintiff's Motion for Extension is denied as moot; that the Complaint is dismissed with leave to amend; and that plaintiff is ordered, if he still desires to pursue this action, to file a First Amended Complaint within (30) days of the date of this Order remedying the deficiencies discussed in the Report and Recommendation. (See document for further details.) (iva)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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LONNIE D. SAMPSON,

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vs.

Plaintiff,

RICHARD TAUER, et al.,
Defendants.

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Case No. SACV 15-02158-MWF (DTB)
ORDER ACCEPTING 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 Complaint, all the

19 records and files herein, and the Report and Recommendation of the United States
20 Magistrate Judge. No objections to the Report and Recommendation have been filed
21 herein.

The Court concurs with and accepts the findings, conclusions and

22 recommendations of the Magistrate Judge.
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IT THEREFORE IS ORDERED that the Motions to Dismiss and Motions for

24 More Definite Statements are granted; that Donna Brush’s Joinder is denied as moot;
25 that Mark Bresee’s Motion to Set Aside Default and setting aside the Clerk’s entry of
26 default against Bresee is granted; that plaintiff’s Motion for Extension is denied as
27 moot; that the Complaint is dismissed with leave to amend; and that plaintiff is
28 ordered, if he still desires to pursue this action, to file a First Amended Complaint
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1 within (30) days of the date of this Order remedying the deficiencies discussed in the
2 Report and Recommendation.
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If plaintiff chooses to file a First Amended Complaint, it should bear the docket

4 number assigned in this case; be labeled “First Amended Complaint”; and be complete
5 in and of itself without reference to the previous complaint or any other pleading,
6 attachment, or document.
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8 Dated: September 20, 2016

_______________________________
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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