Stiles v. Wal-Mart Stores Inc, et al
Filing
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ORDER adopting 39 FINDINGS AND RECOMMENDATIONS signed by District Judge Garland E. Burrell, Jr on 2/22/16: Motion for leave to file additional briefing is granted 33 . Motion to dismiss is granted 24 . Plaintiff's first amended complaint is dismissed with leave to amend. Plaintiff shall file a second amended complaint consistent with the 9/2/15, findings and recommendations within 30 days of the date of this order. (Kaminski, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SHARIDAN STILES,
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Plaintiff,
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No. 2:14-CV-2234-GEB-CMK
v.
ORDER
WAL-MART STORES, INC., et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil action. The matter was
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referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.
On September 2, 2015, the Magistrate Judge filed findings and recommendations
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herein which were served on the parties and which contained notice that the parties may file
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objections within a specified time. Timely objections to the findings and recommendations have
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been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304(f), tis court has conducted a de novo review of this case. Having carefully reviewed the
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entire file, the court finds the findings and recommendations to be supported by the record and by
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proper analysis.
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///
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations filed September 2, 2015, are adopted in
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2.
Plaintiff’s motion (Doc. 33) for leave to file additional briefing is granted;
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3.
Defendants’ motion to dismiss (Doc. 24) is granted;
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4.
Plaintiff’s first amended complaint is dismissed with leave to amend,
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full;
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except as to any claim under California Business and Professions Code § 17200 based on patent
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infringement, which is preempted and is dismissed with prejudice; and
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5.
Plaintiff shall file a second amended complaint consistent with the
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September 2, 2015, findings and recommendations within 30 days of the date of this order.
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Dated: February 22, 2016
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