Stiles v. Wal-Mart Stores Inc, et al

Filing 45

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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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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