Rodney Gaines v. County of Los Angeles et al, No. 2:2016cv05011 - Document 32 (C.D. Cal. 2018)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Terry J. Hatter, Jr for Report and Recommendation (Issued). IT THEREFORE IS ORDERED that Defendant's Exhibit 1 is judicially noticed, the SAC's federal false -arrest claim against Defendant Reynolds is dismissed without leave to amend, and its remaining federal claims against Defendant Reynolds are dismissed with leave to amend. Plaintiff must file a third amended complaint in conformity with this Order and the R. & R. no later than 30 days from the date of the Order or his lawsuit may be dismissed for failure to prosecute as well as for the reasons stated in the R. & R. (See Order for details) 31 , (bem)

Download PDF
Rodney Gaines v. County of Los Angeles et al Doc. 32 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RODNEY GAINES, Plaintiff, 12 v. 13 14 MICHAEL REYNOLDS et al., Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 16-5011-TJH (JPR) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE The Court has reviewed the Second Amended Complaint, records 18 on file, and Report and Recommendation of U.S. Magistrate Judge, 19 which recommends that the Court take judicial notice of Defendant 20 Reynolds’s Exhibit 1, grant Defendant’s motion to dismiss, 21 dismiss Plaintiff’s false-arrest claim without leave to amend, 22 and dismiss his false-imprisonment claim with leave to amend. 23 See 28 U.S.C. § 636. 24 filed. 25 Magistrate Judge. No objections to the R. & R. have been The Court accepts the findings and recommendations of the 26 IT THEREFORE IS ORDERED that Defendant’s Exhibit 1 is 27 judicially noticed, the SAC’s federal false-arrest claim against 28 Dockets.Justia.com 1 Defendant Reynolds is dismissed without leave to amend, and its 2 remaining federal claims against Defendant Reynolds are dismissed 3 with leave to amend. 4 complaint in conformity with this Order and the R. & R. no later 5 than 30 days from the date of the Order or his lawsuit may be 6 dismissed for failure to prosecute as well as for the reasons 7 stated in the R. & R. Plaintiff must file a third amended 8 9 10 11 DATED: January 24, 2018 TERRY J. HATTER JR. U.S. DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.