Summary
In Allen, the plaintiff alleged that the defendant police officers and jailers had used excessive force during his arrest.
Summary of this case from West v. DizonOpinion
CV 11-10139-R (SH)
12-18-2013
HERBERT O. ALLEN, Plaintiff, v. CITY OF SANTA MONICA, et al., Defendants.
ORDER ACCEPTING AMENDED
REPORT AND RECOMMENDATION
OF UNITED STATES
MAGISTRATE JUDGE; and
ORDER
Pursuant to 28 U.S.C. Section 636(b)(1)(C), the court has reviewed the Second Amended Complaint and other papers along with the attached Amended Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Amended Report and Recommendation.
IT IS THEREFORE ORDERED that: (1) The Amended Report and Recommendation is approved and accepted; (2) Plaintiff's Motion for Summary Judgment is denied; (3) Defendants' Motion to Strike is denied; (4) Defendants' Motion for Summary Judgment is granted with respect to Plaintiff's First Cause of Action alleging an illegal traffic stop in violation of the Fourth Amendment only, and; (5) Defendants' Motion for Summary Judgment is denied in all other respects.
IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order on the Plaintiff and counsel for Defendants.
_________________
MANUEL L. REAL
UNITED STATES DISTRICT JUDGE