Summary
applying Ziglar and rejecting same arguments as proffered by Defendants here
Summary of this case from Jerra v. United StatesOpinion
Case No. ED CV 15-275-RGK (SP)
01-10-2018
LENROY McLEAN, Plaintiff, v. R. PHILLIP GUTIERREZ, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE 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. Further, the Court has engaged in a de novo review of those portions of the Report to which plaintiff and defendants have objected. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that: (1) defendants' Motion for Partial Summary Judgment (docket no. 49) is granted, and Claims One(A), (B), and (C) against defendant Gutierrez are therefore dismissed with prejudice; (2) defendants Gutierrez and Hernandez are dismissed in their official capacity; (3) defendants' Motion to Dismiss (docket no. 48) is granted in part to the extent of dismissing Claims One(D) and (E) against defendant Gutierrez with prejudice, and thereby dismissing defendant Gutierrez; and (4) defendants' Motion to Dismiss Claim Two against defendant Hernandez in his individual capacity is denied. Defendant Hernandez is ordered to answer the operative Third Amended Complaint within fourteen days of this Order. DATED: January 10, 2018
/s/_________
HONORABLE R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE