Lloyd White v. Kee Nguyen, No. 5:2016cv01784 - Document 35 (C.D. Cal. 2017)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS by Judge Christina A. Snyder for Report and Recommendation (Issued), 30 . IT IS ORDERED that Defendant's Motion to Dismiss is granted as follows: 1. Plaintiff's Complaint is dismissed with prejudice for lack of subject matter jurisdiction under the Rooker-Feldman doctrine. 2. Plaintiff's Eighth Amendment claim is dismissed with prejudice as untimely. 3. Plaintiff's Fourteenth Amendment claims are dismissed with prejudice for failure to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that Judgment shall be entered dismissing the action with prejudice. (san)
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Lloyd White v. Kee Nguyen Doc. 35 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 LLOYD WHITE, Plaintiff, 13 14 15 16 v. KEE NGUYEN, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV 16-1784-CAS (JEM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the 18 records on file, and the Report and Recommendation of the United States Magistrate 19 Judge. Plaintiff has filed Objections, and the Court has engaged in a de novo review of 20 those portions of the Report and Recommendation to which Plaintiff has objected. The 21 Court accepts the findings and recommendations of the Magistrate Judge. 22 IT IS ORDERED that Defendant’s Motion to Dismiss is granted as follows: 23 1. Plaintiff’s Complaint is dismissed with prejudice for lack of subject matter 24 jurisdiction under the Rooker-Feldman doctrine. 25 2. Plaintiff’s Eighth Amendment claim is dismissed with prejudice as untimely. 26 3. Plaintiff’s Fourteenth Amendment claims are dismissed with prejudice for failure to 27 state a claim upon which relief can be granted. 28 Dockets.Justia.com 1 2 IT IS FURTHER ORDERED that Judgment shall be entered dismissing the action with prejudice. 3 4 DATED: December 4, 2017 CHRISTINA A. SNYDER 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
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