Glenn David O'Neal v. San Bernardino Sheriffs Department et al

Filing 27

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dean D. Pregerson for Report and Recommendation (Issued), 24 . IT IS ORDERED that: (1) the Motion is GRANTED pursuant to Fed. R. Civ. P. 12(b)(6); ( 2) the Complaint is dismissed with leave to amend; and (3) if Plaintiff wishes to pursue this action, he shall file and serve, within thirty (30) days of this Order, a First Amended Complaint that corrects the defects identified in the Report. (mz) Modified on 9/7/2011 (mz).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 GLENN DAVID O’NEAL, ) ) Plaintiff, ) ) v. ) ) SAN BERNARDINO SHERIFF’S ) DEPARTMENT, et al., ) ) Defendants. ) ___________________________________) NO. EDCV 09-2297-DDP (MAN) ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, 19 defendants’ Motion To Dismiss (“Motion”), all of the records herein, the 20 Report and Recommendation of United States Magistrate Judge (“Report”), 21 and Plaintiff’s Objection to the Report. 22 novo review of those matters to which objections have been stated in 23 writing and has considered the new allegations made in, and exhibits 24 appended to, the Objection. 25 accepts and adopts the Report and the findings of fact, conclusions of 26 law, and recommendations therein. 27 28 The Court has conducted a de Having completed its review, the Court 1 IT IS ORDERED that: (1) the Motion is GRANTED pursuant to Fed. R. 2 Civ. P. 12(b)(6); (2) the Complaint is dismissed with leave to amend; 3 and (3) if Plaintiff wishes to pursue this action, he shall file and 4 serve, within thirty (30) days of this Order, a First Amended Complaint 5 that corrects the defects identified in the Report. 6 7 IT IS SO ORDERED. 8 9 DATED: September 7, 2011 . 10 11 12 DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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