Timothy L. Whiting v. Department of the California Highway Patrol et al, No. 5:2018cv02652 - Document 55 (C.D. Cal. 2020)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 52 by Judge Christina A. Snyder. (lom)
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Timothy L. Whiting v. Department of the California Highway Patrol et al Doc. 55 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 TIMOTHY L. WHITING, 13 14 15 16 17 Plaintiff, v. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV 18-2652-CAS (JEM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 18 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the 19 records on file, and the Amended Report and Recommendation of the United States 20 Magistrate Judge, filed September 1, 2020. Defendants have filed Objections, and the 21 Court has conducted a de novo review of those portions of the Report and 22 Recommendation to which Defendants have objected. The Court accepts the findings and 23 recommendations of the Magistrate Judge. 24 IT IS ORDERED that: (1) Defendants’ Motion to Dismiss is granted in part and 25 denied in part as follows: (a) Claims One, Four through Six, and Eight through Fifteen are 26 dismissed without leave to amend; (b) Claim Seven is dismissed with leave to amend as to 27 Ceballos and without leave to amend as to the other Defendants; (c) the Motion to Dismiss 28 Dockets.Justia.com 1 is denied as to Claims Two and Three against Ceballos; and (2) Plaintiff is granted leave to 2 file a Third Amended Complaint consistent with this Order within thirty days. 3 4 If Plaintiff decides not to file a Third Amended Complaint, the action will proceed on Claims Two and Three against Defendant Ceballos. 5 6 7 DATED: September 25, 2020 CHRISTINA A. SNYDER 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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