Christian Alvarado v. Los Angeles Unified School District et al, No. 2:2022cv01591 - Document 21 (C.D. Cal. 2023)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE [DKT. 20] by Judge Sunshine Suzanne Sykes, IT THEREFORE IS ORDERED that (1) LAUSD's motion to dismiss [Dkt. 13] is granted as set forth in the Report and Recomm endation; (2) all claims against LAUSD and all official capacity claims against Does 1 through 5 are dismissed without leave to amend with prejudice as to the federal claims and without prejudice as to the state law claims; (3) the individual capacity claims against Does 1 through 5 are dismissed with leave to amend; and (4) Plaintiff, if he chooses to proceed with this action, is ordered to file a First Amended Complaint no later than thirty (30) days from the date of the District Court's order. (es)
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Christian Alvarado v. Los Angeles Unified School District et al Doc. 21 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 CHRISTIAN ALVARADO, 11 Plaintiff, 12 13 14 v. LOS ANGELES UNIFIED SCHOOL DISTRICT, et al., Case No. 2:22-cv-01591-SSS-AFM ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE [DKT. 20] Defendants. 15 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and 18 Recommendation of United States Magistrate Judge. The time for filing Objections 19 to the Report and Recommendation has passed, and Objections have not been 20 received. The Court accepts and adopts the Magistrate Judge’s Report and 21 Recommendation. 22 IT THEREFORE IS ORDERED that 23 (1) LAUSD’s motion to dismiss [Dkt. 13] is granted as set forth in the Report 24 and Recommendation; 25 (2) all claims against LAUSD and all official capacity claims against Does 1 26 through 5 are dismissed without leave to amend – with prejudice as to the federal 27 claims and without prejudice as to the state law claims; 28 Dockets.Justia.com 1 2 (3) the individual capacity claims against Does 1 through 5 are dismissed with leave to amend; and 3 (4) Plaintiff, if he chooses to proceed with this action, is ordered to file a First 4 Amended Complaint no later than thirty (30) days from the date of the District 5 Court’s order. 6 7 DATED: April 3, 2023 8 9 10 ____________________________________ HON. SUNSHINE SYKES UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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