Filed: Feb. 26, 2019
Latest Update: Feb. 26, 2019
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DOLLY M. GEE , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Second Amended Complaint, all documents filed in connection with the two pending Motions to Dismiss (collectively "Motions"), and all of the records herein, including the November 7, 2018 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), plaintiff's opposition to the Repor
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DOLLY M. GEE , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Second Amended Complaint, all documents filed in connection with the two pending Motions to Dismiss (collectively "Motions"), and all of the records herein, including the November 7, 2018 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), plaintiff's opposition to the Report..
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
DOLLY M. GEE, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint, all documents filed in connection with the two pending Motions to Dismiss (collectively "Motions"), and all of the records herein, including the November 7, 2018 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), plaintiff's opposition to the Report and Recommendation ("Objections") (including his notice of errata and supporting declaration and exhibits), and defendants' Reply to the Objections. The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made.1
The Objections largely mischaracterize the Report and Recommendation, the facts, and the governing law, and essentially assert mostly the same arguments plaintiff previously raised, and which the Report and Recommendation properly concludes have no merit. Accordingly, the Court concurs with and accepts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections.
IT IS HEREBY ORDERED that: (1) the Motions are granted; (2) the Second Amended Complaint is dismissed without further leave to amend; and (3) Judgment be entered dismissing this action.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order on plaintiff and counsel for the defendants.
IT IS SO ORDERED.
FootNotes
1. To the extent the Objections present new evidence/arguments, the Court exercises its discretion to decline to consider the same. See United States v. Howell, 231 F.3d 615, 621 (9th Cir. 2000), cert. denied, 534 U.S. 831 (2001).
