Kevin William King v. County of Los Angeles et al, No. 2:2015cv07072 - Document 126 (C.D. Cal. 2016)
Court Description: ORDER ACCEPTING IN PART FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Stephen V. Wilson for Report and Recommendation 116 . Defendants' Motion to Dismiss the 2nd Amended Complaint 75 is granted. Plaintiff may file a 3rd Amended Complaint within 30 days of the date of this order. (See document for details). (ib)
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Kevin William King v. County of Los Angeles et al Doc. 126 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 KEVIN WILLIAM KING, 12 13 Plaintiff, v. 14 COUNTY OF LOS ANGELES, et al., Case No. CV 15-07072 SVW (AFM) ORDER ACCEPTING IN PART FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 15 Defendants. 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Amended Report 19 and Recommendation of United States Magistrate Judge. Further, the Court has 20 engaged in a de novo review of those portions of the Amended Report to which 21 Plaintiff has objected. Petitioner’s Objections are overruled, except as set forth 22 below. 23 Magistrate Judge. The Court accepts, in part, the findings and recommendations of the 24 IT THEREFORE IS ORDERED that 25 (1) accepted and adopted in part; 26 27 28 the Amended Report and Recommendation of the Magistrate Judge is (2) defendants’ Motion to Dismiss the Second Amended Complaint is granted; Dockets.Justia.com 1 (3) for failure to state a claim and failure to comply with Rule 8; 2 3 (4) plaintiff’s claims for declaratory and injunctive relieve are dismissed without further leave to amend and with prejudice; 4 5 plaintiff’s claims one through six are dismissed with leave to amend (5) based on the facts alleged in plaintiff’s declaration submitted with his 6 Objections and the mailing address provided by plaintiff to the Court 7 on November 7, 2016, failure to prosecute is not a ground for 8 dismissal of plaintiff’s claims at this time; and 9 (6) plaintiff, if he chooses to proceed with this action, shall file a Third 10 Amended Complaint no later than thirty (30) days from the date of this 11 order. 12 13 DATED: November 22, 2016 14 15 16 ____________________________________ STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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