Klement v. Lizaola, EDCV 18-560-RGK (AGR). (2019)
Court: District Court, C.D. California
Number: infdco20190912500
Visitors: 7
Filed: Aug. 30, 2019
Latest Update: Aug. 30, 2019
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE R. GARY KLAUSNER , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the complaint, records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report have been filed. The Court accepts the findings and recommendation of the Magistrate Judge. IT IS ORDERED that Defendants' motions to dismiss Plaintiff's Complaint are granted as follows: (1) Pl
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE R. GARY KLAUSNER , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the complaint, records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report have been filed. The Court accepts the findings and recommendation of the Magistrate Judge. IT IS ORDERED that Defendants' motions to dismiss Plaintiff's Complaint are granted as follows: (1) Pla..
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
R. GARY KLAUSNER, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the complaint, records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report have been filed. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS ORDERED that Defendants' motions to dismiss Plaintiff's Complaint are granted as follows:
(1) Plaintiff's Complaint is dismissed without leave to amend all claims against Defendant California Highway Patrol, all official capacity claims against Defendant Lizaola, and all Eighth Amendment claims;
(2) Plaintiff is granted leave to file a First Amended Complaint against Defendant Lizaola, in his individual capacity, that does not contain Eighth Amendment claims.
(3) The Clerk is directed to file Plaintiff's First Amended Complaint lodged on August 29, 2019. (Dkt. No. 54.)
(4) The case is referred to the Magistrate Judge for further proceedings.
Source: Leagle
