Filed: Mar. 01, 2017
Latest Update: Mar. 01, 2017
Summary: ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) GRANTING DEFENDANTS' MOTION TO DISMISS DANA M. SABRAW , District Judge . On December 7, 2015, Plaintiff David B. Duran, a state prisoner proceeding pro se, filed a complaint under 42 U.S.C. 1983. Defendants Omar Mandujano, Alfredo Hernandez, and John Seaman filed their respective Answers on June 8, 2016, and Defendant Luis Hernandez filed an Answer on June 15, 2016. Subsequently, Plaintiff filed a first amended comp
Summary: ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) GRANTING DEFENDANTS' MOTION TO DISMISS DANA M. SABRAW , District Judge . On December 7, 2015, Plaintiff David B. Duran, a state prisoner proceeding pro se, filed a complaint under 42 U.S.C. 1983. Defendants Omar Mandujano, Alfredo Hernandez, and John Seaman filed their respective Answers on June 8, 2016, and Defendant Luis Hernandez filed an Answer on June 15, 2016. Subsequently, Plaintiff filed a first amended compl..
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ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) GRANTING DEFENDANTS' MOTION TO DISMISS
DANA M. SABRAW, District Judge.
On December 7, 2015, Plaintiff David B. Duran, a state prisoner proceeding pro se, filed a complaint under 42 U.S.C. § 1983. Defendants Omar Mandujano, Alfredo Hernandez, and John Seaman filed their respective Answers on June 8, 2016, and Defendant Luis Hernandez filed an Answer on June 15, 2016. Subsequently, Plaintiff filed a first amended complaint ("FAC").1 On September 8, 2016, Defendants filed a motion to dismiss the FAC for failure to state a claim. On January 31, 2017, Magistrate Judge William V. Gallo issued a Report and Recommendation ("R&R"), recommending that the Court grant in part with leave to amend and grant in part without leave to amend the FAC. Plaintiff filed objections to the R&R on February 21, 2017.
This Court, having reviewed de novo the Magistrate Judge's R&R and the objections thereto, adopts the Magistrate Judge's recommendation and grants Defendant's motion to dismiss. Plaintiff is granted leave to file a Second Amended Complaint ("SAC") that cures the pleading deficiencies identified in the R&R. The SAC shall be filed on or before March 31, 2017.
IT IS SO ORDERED.
FootNotes
1. On August 2, 2016, Plaintiff filed a Motion for Leave to File an Amended Complaint in order to add two exhibits. (ECF No. 33.) The Court granted the motion and ordered Plaintiff to file his FAC by September 2, 2016. (ECF No. 34.) On August 18, 2016, Plaintiff filed a Motion to Amend Document No. 33 by Permission of the Court, requesting the Court to construe his previous motion as his FAC. (ECF No. 37.) On August 23, 2016, the Court granted the motion and deemed as FAC the complaint and the exhibits filed in the Motion for Leave to File an Amended Complaint. (ECF No. 40.)
