Opinion
NO. EDCV 09-2297-DDP (MAN)
09-07-2011
GLENN DAVID O'NEAL, Plaintiff, v. SAN BERNARDINO SHERIFF'S DEPARTMENT, et al., Defendants.
ORDER ADOPTING FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, defendants' Motion To Dismiss ("Motion"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and Plaintiff's Objection to the Report. The Court has conducted a de novo review of those matters to which objections have been stated in writing and has considered the new allegations made in, and exhibits appended to, the Objection. Having completed its review, the Court accepts and adopts the Report and the findings of fact, conclusions of law, and recommendations therein.
IT IS ORDERED that: (1) the Motion is GRANTED pursuant to Fed. R. Civ. P. 12(b) (6); (2) the Complaint is dismissed with leave to amend; and (3) if Plaintiff wishes to pursue this action, he shall file and serve, within thirty (30) days of this Order, a First Amended Complaint that corrects the defects identified in the Report.
IT IS SO ORDERED.
DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE