Jesse Washington v. J. Gastelo et al, No. 2:2021cv04502 - Document 40 (C.D. Cal. 2023)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge David O. Carter for NOTICE OF MOTION AND MOTION to Dismiss Complaint; Memorandum of Points and Authorities 31 , Report and Recommendation (Issued) 37 . IT IS ORDERED that: The Magistrate Judge's Report and Recommendation is accepted; Defendants' Motion (Dkt. 31) is GRANTED; This action is dismissed without leave to amend; and Judgment shall enter accordingly. (et)

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Jesse Washington v. J. Gastelo et al Doc. 40 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JESSE WASHINGTON, Plaintiff 12 13 14 Case No. 2:21-cv-04502-DOC-JEM v. J. GASTELO, et al., ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Defendants. 15 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. 31) (“Motion”), the Report and Recommendation of the 20 assigned United States Magistrate Judge (Dkt. 37), and Plaintiff Jesse Washington’s 21 Objection to the Report and Recommendation (Dkt. 39). Having completed its 22 review, the Court accepts the findings and recommendations set forth in the Report 23 and Recommendation. 24 Defendant’s Motion to Dismiss is granted on the basis that the facts 25 alleged do not establish a constitutional violation and, even if a constitutional 26 violation occurred, Defendants are entitled to qualified immunity. 27 Accordingly, IT IS ORDERED that: 28 (1) The Magistrate Judge’s Report and Recommendation is accepted; Dockets.Justia.com 1 (2) Defendants’ Motion (Dkt. 31) is GRANTED; 2 (3) This action is dismissed without leave to amend; and 3 (4) Judgment shall enter accordingly. 4 5 6 7 DATE: March 14, 2023 __________________________________ DAVID O. CARTER UNITED STATES DISTRICT JUDGE 8 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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