Nicholas Patrick v. Costa Mesa Police Dept. et al

Filing 48

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Dolly M. Gee. IT IS ORDERED: 1. The Report and Recommendation 46 is accepted; 2. Judgment shall be entered consistent with this Order; and 3. The Clerk shall serve this Order and the Judgment on all counsel or parties of record. SEE ORDER FOR DETAILS. (ch)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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NICHOLAS PATRICK,

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Plaintiff,
v.
COSTA MESA POLICE DEP’T, et al.,
Defendants.

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No. SA CV 16-318-DMG (PLA)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

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On June 1, 2017, the United States Magistrate Judge issued a Report and

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Recommendation in this action, recommending that the action be dismissed without further leave

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to amend and with prejudice for failure to state a claim. [Doc. # 46.] On June 26, 2017, Plaintiff

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filed his Objections to the Report and Recommendation. [Doc. # 47.]

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To the extent Plaintiff, in his Objections, seems to be seeking -- for the first time -- an

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opportunity to amend his Fourth Amended Complaint because he now understands that the

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actions of some defendants may have violated the Prison Rape Elimination Act (“PREA”) (see

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Objections at 1-2), the Act does not create a private right of action. Bell v. Cty. of L.A., 2008 WL

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4375768, at *6 (C.D. Cal. Aug. 25, 2008) (citations omitted); Olive v. Harrington, 2016 WL

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4899177, at *4 (E.D. Cal. Sept. 14, 2016).

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the other records on

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file herein, the Magistrate Judge’s Report and Recommendation, and Plaintiff’s Objections to the

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Report and Recommendation. The Court has engaged in a de novo review of those portions of

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the Report and Recommendation to which objections have been made. The Court accepts the

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recommendations of the Magistrate Judge.

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ACCORDINGLY, IT IS ORDERED:

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1.

The Report and Recommendation is accepted;

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2.

Judgment shall be entered consistent with this Order; and

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3.

The Clerk shall serve this Order and the Judgment on all counsel or parties of

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record.

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DATED: September 25, 2017

___________________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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