Andre Andrews v. Oscar Dominguez et al, No. 2:2011cv08263 - Document 29 (C.D. Cal. 2013)
Court Description: ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DENYING IN PART DEFENDANTS' MOTION TO DISMISS WITH RESPECT TO PLAINTIFF'S FIRST CLAIM AGAINST DEFENDANT OFFICER DOMINGUEZ AND GRANTING IN PA RT WITH RESPECT TO DISMISSING PLAINTIFFS SECOND AND THIRD CLAIMS WITHOUT LEAVE TO AMEND ACCEPTING REPORT AND RECOMMENDATIONS by Judge Michael W. Fitzgerald. IT IS THEREFORE ORDERED that an Order be entered (1) accepting the findings of the United St ates Magistrate Judge; (2) directing that Defendants' Motion to Dismiss be granted in part with respect to dismissing Plaintiff's second and third claims without leave to amend and denied with respect to Plaintiff's first claim against Defendants; and (3) that Defendants file an Answer to the First Amended Complaint within 20 days of date of this Order. 20 26 [SEE ORDER FOR FURTHER DETAILS] (gr) Modified on 1/30/2013 (gr).
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Andre Andrews v. Oscar Dominguez et al Doc. 29 1 2 3 4 5 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 7 8 9 10 11 ANDRE ANDREWS, Plaintiff, 12 v. 13 14 OSCAR DOMINGUEZ, et al., Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-08263-MWF (VBK) ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DENYING IN PART DEFENDANTS’ MOTION TO DISMISS WITH RESPECT TO PLAINTIFF’S FIRST CLAIM AGAINST DEFENDANT OFFICER DOMINGUEZ AND GRANTING IN PART WITH RESPECT TO DISMISSING PLAINTIFF’S SECOND AND THIRD CLAIMS WITHOUT LEAVE TO AMEND 18 19 Pursuant to 28 U.S.C. §636, the Court has reviewed the First 20 Amended Complaint and all other papers along with the attached Report 21 and Recommendation of the United States Magistrate Judge, and has made 22 a de novo determination of the Report and Recommendation. 23 IT IS THEREFORE ORDERED that an Order be entered (1) accepting 24 the findings of the United States Magistrate Judge; (2) directing that 25 Defendants’ Motion to Dismiss be granted in part with respect to 26 dismissing Plaintiff’s second and third claims without leave to amend 27 // 28 // Dockets.Justia.com 1 and denied with respect to Plaintiff’s first claim against Defendants; 2 and (3) that Defendants file an Answer to the First Amended Complaint 3 within 20 days of date of this Order. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: January 29, 2013 MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE
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