Blair Odel Hays v. J. Bonnifield et al, No. 2:2021cv04227 - Document 42 (C.D. Cal. 2023)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge David O. Carter for Report and Recommendation (Issued) 38 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities 27 . Accordingly, IT IS ORDERED that: The Magistrate Judges Report and Recommendation is accepted; Defendants Motion (Dkt. 29\7) is GRANTED; This action is dismissed without leave to amend; Judgment shall enter accordingly. (et)
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Blair Odel Hays v. J. Bonnifield et al Doc. 42 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 BLAIR ODEL HAYS, Plaintiff 12 13 14 15 Case No. 2:21-cv-4227-DOC (JEM) v. J. BONNIFELD, et al., ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Defendants. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and 18 records on file in this case, including the operative Complaint (Dkt. 1), Defendants’ 19 Motion to Dismiss (Dkt. 27) (“Motion”), Plaintiff’s Opposition to Motion (Dkt. 31), 20 Defendants’ Reply in support of the Motion (Dkt. 35), the Report and 21 Recommendation of the assigned United States Magistrate Judge (Dkt. 38), and 22 Plaintiff Blair Odel Hays’s Objection to the Report and Recommendation (Dkt. 41). 23 Having completed its review, the Court accepts the findings and recommendations 24 set forth in the Report and Recommendation. 25 Defendant’s Motion to Dismiss is granted on the basis that the facts 26 alleged do not establish a constitutional violation and, even if a constitutional 27 violation occurred, Defendants are entitled to qualified immunity. 28 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 (1) The Magistrate Judge’s Report and Recommendation is accepted; 3 (2) Defendants’ Motion (Dkt. 29\7) is GRANTED; 4 (3) This action is dismissed without leave to amend; and 5 (4) Judgment shall enter accordingly. 6 7 8 9 DATE: March 15, 2023 __________________________________ DAVID O. CARTER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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