Roderick Himes v. J. Gastelo et al, No. 2:2018cv00327 - Document 65 (C.D. Cal. 2020)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 63 by Judge Philip S. Gutierrez. (es)

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Roderick Himes v. J. Gastelo et al Doc. 65 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RODERICK HIMES, 12 13 Plaintiff, v. 14 J. GASTELO et al., 15 16 Case No. 2:18-cv-00327-PSG(MAA) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Defendants. 17 Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the First Amended 18 Complaint, Defendants' Motion to Dismiss the First Amended Complaint, the other 19 records on file herein, the Report and Recommendation of United States Magistrate 20 Judge, and Plaintiffls Objections to the Report and Recommendation of United 21 States Magistrate Judge. After conducting a de novo review of the portions ofthe 22 Report and Recommendation to which Objections were directed, the Court concurs 23 with and accepts the findings and conclusions of the Magistrate Judge. 24 25 26 27 28 IT THEREFORE IS ORDERED that: 1. The Report and Recommendation ofthe Magistrate Judge is ACCEPTED and ADOPTED; 2. Defendants' Motion to Dismiss the First Amended Complaint is GRANTED IN PART and DE1vIED IN PART; Dockets.Justia.com 1 3. The First Amended Complaint is DISMISSED WITHOUT LEAVE 2 3 TO AMEND. 4. Judgment shall be ENTERED dismissing the entire action with 4 prejudice. 5 6 7 8 DATED: ~~u PHILIP S. GUTIERREZ UNITED STATES DISTRICT JUDGE 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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