Jailen Parks v. Chacano Christian, No. 2:2019cv04346 - Document 34 (C.D. Cal. 2021)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE 33 by Judge Mark C. Scarsi. IT THEREFORE IS ORDERED that Defendant's motion to dismiss is GRANTED in part; Plaintiff's official-capacity, 22nd Amendment, and D eclaration of Independence claims are dismissed with prejudice; and Plaintiff's Fourth and 14th amendment claims are dismissed with leave to amend. If Plaintiff desires to pursue his Fourth or 14th amendment claims, he must file a third amended complaint within 28 days of the date of this order. [see document for details.] (es)
Download PDF
<![CDATA[
Jailen Parks v. Chacano Christian Doc. 34 Case 2:19-cv-04346-MCS-JPR Document 34 Filed 02/04/21 Page 1 of 2 Page ID #:150 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JAILEN PARKS, Plaintiff, 12 13 14 15 v. CHRISTIAN CHOCANO, Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 19-4346-MCS (JPR) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE The Court has reviewed the records on file and the Report 18 and Recommendation of U.S. Magistrate Judge, which recommends 19 that the Court grant Defendant’s motion to dismiss in part and 20 dismiss Plaintiff’s official-capacity, 22nd Amendment, and 21 Declaration of Independence claims with prejudice and his Fourth 22 and 14th amendment claims with leave to amend. 23 the R. & R. have been filed. 24 recommendations of the Magistrate Judge. 25 No objections to The Court accepts the findings and IT THEREFORE IS ORDERED that Defendant’s motion to dismiss 26 is GRANTED in part; Plaintiff’s official-capacity, 22nd 27 Amendment, and Declaration of Independence claims are dismissed 28 with prejudice; and Plaintiff’s Fourth and 14th amendment claims Dockets.Justia.com Case 2:19-cv-04346-MCS-JPR Document 34 Filed 02/04/21 Page 2 of 2 Page ID #:151 1 are dismissed with leave to amend. 2 If Plaintiff desires to pursue his Fourth or 14th amendment 3 claims, he must file a third amended complaint within 28 days of 4 the date of this order, remedying the deficiencies identified in 5 the Magistrate Judge’s August 28 and December 16, 2019 dismissal 6 orders and December 29, 2020 R. & R. 7 docket number assigned to this case, be labeled “Third Amended 8 Complaint,” and be complete in and of itself, without reference 9 to the earlier complaints or any other pleading or document. The TAC should bear the 10 Plaintiff is warned that if he fails to timely file a sufficient 11 TAC, the Court will likely dismiss this action on the grounds set 12 forth in the Magistrate Judge’s orders or for failure to 13 diligently prosecute. 14 15 16 17 DATED: )HEUXDU\ MARK C. SCARSI U.S. DISTRICT JUDGE 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.
