George Eugene Cross v. Sheriff Sandra Hutchens et al

Filing 27

ORDER ADOPTING FINAL REPORT AND RECOMMENDATIONS by Judge Cormac J. Carney. IT IS ORDERED: 1. The final 26 report and recommendation is adopted. 2. Plaintiff's Third Amended Complaint is dismissed without leave to amend for failure to state a claim, but without prejudice to plaintiff raising his claims as a petition for writ of habeas corpus. 3. Judgment shall be entered consistent with this order. 4. The clerk shall serve this order and the judgment on all counsel or parties of record. (ch)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 GEORGE EUGENE CROSS, 13 Plaintiff, 14 15 v. SHERIFF SANDRA HUTCHENS, et al., 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) No. SA CV 11-1399-CJC (PLA) ORDER ADOPTING MAGISTRATE JUDGE’S FINAL REPORT AND RECOMMENDATION 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the 19 magistrate judge’s final report and recommendation, and the objections to the report and 20 recommendation that have been filed herein. The Court agrees with the recommendations of the 21 magistrate judge. 22 ACCORDINGLY, IT IS ORDERED: 23 1. The final report and recommendation is adopted. 24 2. Plaintiff’s Third Amended Complaint is dismissed without leave to amend for failure 25 to state a claim, but without prejudice to plaintiff raising his claims as a petition for 26 writ of habeas corpus. 27 28 1 3. Judgment shall be entered consistent with this order. 2 4. The clerk shall serve this order and the judgment on all counsel or parties of record. 3 4 DATED: May 30, 2012 HONORABLE CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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