Benny Lopez v. CDCR-CIM (Chino State Prison) et al, No. 5:2016cv01661 - Document 41 (C.D. Cal. 2017)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, by Judge Cormac J. Carney 40 . IT IS HEREBY ORDERED that: Defendants Motion for Summary Judgment is GRANTED; Defendants Motion to Dismiss is DENIED as moot; Plaintiffs First Amended Complaint is dismissed without prejudice; (twdb)
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Benny Lopez v. CDCR-CIM (Chino State Prison) et al Doc. 41 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 BENNY LOPEZ, 12 Plaintiff, 13 v. 14 T. PEREZ, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV 16-01661 CJC (JDE) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the records on file 18 19 and the Report and Recommendation of the assigned United States Magistrate 20 Judge. Plaintiff has not filed any written objections to the report. 21 IT IS HEREBY ORDERED that: 22 1. The Report and Recommendation is approved and accepted. 23 2. Defendants’ Motion for Summary Judgment is GRANTED; 24 3. Defendants’ Motion to Dismiss is DENIED as moot; 25 4. Plaintiff’s First Amended Complaint is dismissed without prejudice; and 26 27 // 28 // Dockets.Justia.com 1 5. Judgment shall be entered accordingly. 2 3 Dated: June 27, 2017 4 ______________________________ CORMAC J. CARNEY United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2