Perkins v. Kemalyan

Full title: MICHAEL DONALD PERKINS, Plaintiff, v. RICHARD S. KEMALYAN, et al.…

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

Date published: Mar 31, 2011

CV 09-7439 DDP (JCG) (C.D. Cal. Mar. 31, 2011)

Opinion

MICHAEL DONALD PERKINS, Plaintiff, v. RICHARD S. KEMALYAN, et al., Defendants. No. CV 09-7439 DDP (JCG) United States District Court, C.D. California. March 31, 2011

          ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          DEAN D. PREGERSON, District Judge.

         Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the entire record and the Magistrate Judge's Report and Recommendation. Plaintiff filed no objections to the Report and Recommendation.

         Accordingly, IT IS ORDERED THAT:

(1) The Report and Recommendation is approved and adopted.

(2) Judgment shall be entered dismissing this action without prejudice to Plaintiff reasserting the claims set forth in the First Cause of Action of the Third Amended Complaint in a subsequent action in the event that Plaintiff's conviction is later invalidated. All other claims are dismissed with prejudice.

         IT IS FURTHER ORDERED THAT the Clerk serve copies of this Order and the Judgment on the parties.