-MAN Arlin Grotius v. Riverside County et al, No. 2:2010cv08777 - Document 17 (C.D. Cal. 2011)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE by Judge Dale S. Fischer for MOTION to Dismiss Complaint, 6 and Report and Recommendation (Issued), 14 . IT IS ORDERED that the Motion is GRANTED, pursuant to Rule 12(b)(6) o f the Federal Rules of Civil Procedure, as follows: (1) Claims One and Two of the Complaint are dismissed with leave to amend; (2) Claim Three of the Complaint is dismissed without leave to amend; and (3) Plaintiff is granted leave to file a First Am ended Complaint consistent with this Order and the Report. Plaintiff shall have thirty (30) days from the date of this Order within which to file and serve upon counsel for defendants a FirstAmended Complaint that attempts to cure the defects described in the Report. The First Amended Complaint, if any, shall be complete in itself; it shall not refer in any manner to the original Complaint. (mz)

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-MAN Arlin Grotius v. Riverside County et al Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ARLIN GROTIUS, 12 Plaintiff, 13 14 v. RIVERSIDE COUNTY, et al, Defendants. 15 ) ) ) ) ) ) ) ) ) ) NO. CV 10-8777-DSF (MAN) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, 19 defendants’ motion to dismiss the Complaint (“Motion”), all of the 20 records 21 Magistrate Judge (“Report”), and plaintiff’s Verified Opposition to the 22 Report. 23 the Report to which plaintiff has objected. 24 findings and recommendations set forth in the Report. herein, the Report and Recommendation of United States The Court has engaged in a de novo review of those portions of The Court accepts the 25 26 27 IT IS ORDERED that the Motion is GRANTED, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, as follows: 28 Dockets.Justia.com 1 2 (1) Claims One and Two of the Complaint are dismissed with leave to amend; 3 4 5 (2) Claim Three of the Complaint is dismissed without leave to amend; and 6 7 8 (3) Plaintiff is granted leave to file a First Amended Complaint consistent with this Order and the Report. 9 10 Plaintiff shall have thirty (30) days from the date of this Order 11 within which to file and serve upon counsel for defendants a First 12 Amended Complaint that attempts to cure the defects described in the 13 Report. 14 itself; it shall not refer in any manner to the original Complaint. The First Amended Complaint, if any, shall be complete in 15 16 Plaintiff is explicitly cautioned that failure to timely file a 17 First Amended Complaint may result in a dismissal of this action for 18 failure to prosecute and/or for failure to comply with this Court’s 19 orders, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. 20 21 6/27/11 DATED: . 22 23 DALE S. FISCHER UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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