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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 NICHOLAS PATRICK, 13 14 15 16 Plaintiff, v. COSTA MESA POLICE DEP’T, et al., Defendants. 17 ) ) ) ) ) ) ) ) ) ) No. SA CV 16-318-DMG (PLA) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 18 On June 1, 2017, the United States Magistrate Judge issued a Report and 19 Recommendation in this action, recommending that the action be dismissed without further leave 20 to amend and with prejudice for failure to state a claim. [Doc. # 46.] On June 26, 2017, Plaintiff 21 filed his Objections to the Report and Recommendation. [Doc. # 47.] 22 To the extent Plaintiff, in his Objections, seems to be seeking -- for the first time -- an 23 opportunity to amend his Fourth Amended Complaint because he now understands that the 24 actions of some defendants may have violated the Prison Rape Elimination Act (“PREA”) (see 25 Objections at 1-2), the Act does not create a private right of action. Bell v. Cty. of L.A., 2008 WL 26 4375768, at *6 (C.D. Cal. Aug. 25, 2008) (citations omitted); Olive v. Harrington, 2016 WL 27 4899177, at *4 (E.D. Cal. Sept. 14, 2016). 28 1 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the other records on 2 file herein, the Magistrate Judge’s Report and Recommendation, and Plaintiff’s Objections to the 3 Report and Recommendation. The Court has engaged in a de novo review of those portions of 4 the Report and Recommendation to which objections have been made. The Court accepts the 5 recommendations of the Magistrate Judge. 6 ACCORDINGLY, IT IS ORDERED: 7 1. The Report and Recommendation is accepted; 8 2. Judgment shall be entered consistent with this Order; and 9 3. The Clerk shall serve this Order and the Judgment on all counsel or parties of 10 record. 11 12 DATED: September 25, 2017 ___________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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