Endsley v. Luna

Full title: MARC ANTHONY LOWELL ENDSLEY, Plaintiff, v. OCTAVIO LUNA, Defendant.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Nov 12, 2009

CV 06-04100 DSF (SS) (C.D. Cal. Nov. 12, 2009)

Opinion

MARC ANTHONY LOWELL ENDSLEY, Plaintiff, v. OCTAVIO LUNA, Defendant. No. CV 06-04100 DSF (SS) United States District Court, C.D. California. November 12, 2009

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

DALE S. FISCHER, District Judge.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, the Magistrate Judge's Report and Recommendation, and Petitioner's Objections. After having made a de novo determination of the portions of the Report and Recommendation to which Objections were directed, the Court concurs with and adopts the findings, conclusions and recommendations of the Magistrate Judge, except that the citation on page 15, line 19 is replaced with the following: Center for Bio-Ethical Reform, Inc., 533 F.3d at 786.

Accordingly, IT IS ORDERED THAT:

1. Defendant's Motion for Summary Judgment is GRANTED.

2. Plaintiff's Motion for Partial Summary Judgment is DENIED.

3. Judgment shall be entered in favor of Defendant and against Plaintiff on all claims raised in the Third Amended Complaint.

4. This action shall be DISMISSED with prejudice.

5. The Clerk shall serve copies of this Order and the Judgment herein by United States mail on Plaintiff and on counsel for Defendant.