Altheia Taylor v. County of San Bernardino Human Services
Filing
36
ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Margaret M. Morrow for Report and Recommendation (Issued) 32 (rrey)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ALTHEIA TAYLOR,
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Plaintiff,
v.
COUNTY OF SAN BERNARDINO, et
al,
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Defendants.
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NO. EDCV 09-01829-MMM (MAN)
ORDER ACCEPTING AND ADOPTING
FINDINGS, CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED STATES
MAGISTRATE JUDGE
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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First
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Amended Complaint, defendants’ motion to dismiss the First Amended
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Complaint (“Motion”), all of the records herein, the Report and
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Recommendation
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plaintiff’s Objections.
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those matters to which Objections have been stated in writing.
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completed its review, the Court accepts and adopts the Report.
of
United
States
Magistrate
Judge
(“Report”),
and
The Court has conducted a de novo review of
Having
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IT IS ORDERED that:
the Motion is granted pursuant to Rule
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12(b)(6) of the Federal Rules of Civil Procedure; and the First Amended
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Complaint is dismissed as follows:
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(1)
Claims One through Nine are dismissed with leave to amend;
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(2)
Claims Ten through Twelve are dismissed without leave to
amend and without prejudice to their reassertion in state court; and
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(3)
Plaintiff is granted leave to amend to file and serve a
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Second Amended Complaint, consistent with this Order and the Report,
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within thirty (30) days of this Order.
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IT IS SO ORDERED.
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DATED:
September 30, 2011.
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MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE
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