YEAGER v. CORRECTIONS CORPORATION OF AMERICA, 1:12-cv-00162 AWI JLT. (2012)
Court: District Court, E.D. California
Number: infdco20120419840
Visitors: 6
Filed: Apr. 18, 2012
Latest Update: Apr. 18, 2012
Summary: ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS GRANTING DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT Doc. 16 ANTHONY W. ISHII, District Judge. Defendant Corrections Corporation of America ("Defendant") seeks to strike portions of the complaint by William Yeager ("Plaintiff") pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. (Doc. 4). On March 28, 2012, the Magistrate Judge recommended Defendant's motion be granted, and Plaintiff be given leave to amend
Summary: ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS GRANTING DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT Doc. 16 ANTHONY W. ISHII, District Judge. Defendant Corrections Corporation of America ("Defendant") seeks to strike portions of the complaint by William Yeager ("Plaintiff") pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. (Doc. 4). On March 28, 2012, the Magistrate Judge recommended Defendant's motion be granted, and Plaintiff be given leave to amend ..
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ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS GRANTING DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT
Doc. 16
ANTHONY W. ISHII, District Judge.
Defendant Corrections Corporation of America ("Defendant") seeks to strike portions of the complaint by William Yeager ("Plaintiff") pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. (Doc. 4). On March 28, 2012, the Magistrate Judge recommended Defendant's motion be granted, and Plaintiff be given leave to amend his complaint. (Doc. 16).
The Findings and Recommendations were served on all parties, and contained a notice that any objections were to be filed within fourteen days of the date of service, or by April 11, 2012. (Doc. 16 at 6-7). The parties were advised failure to file objections may waive the right to appeal the District Court's order. (Id. at 7). However, no party has filed objections to the Findings and Recommendations of the Magistrate Judge.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the findings and recommendation are supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED:
1. The Findings and Recommendations filed March 28, 2012 (Doc. 16), are ADOPTED IN FULL;
2. Defendant's motion as converted to a Rule 12(b)(6) motion is GRANTED;
3. Plaintiff's prayer for relief for punitive damages is STRICKEN; and
4. Plaintiff SHALL file an amended complaint within fourteen days of the date of service of this Order.
IT IS SO ORDERED.
Source: Leagle
