Caldwell v. Porch

Full title: SAMUEL L. CALDWELL, Plaintiff, v. TORRANCE L. PORCH, et al., Defendants.

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

Date published: May 13, 2014

CV 12-3129 JLS (SS) (C.D. Cal. May. 13, 2014)

Opinion

SAMUEL L. CALDWELL, Plaintiff, v. TORRANCE L. PORCH, et al., Defendants. No. CV 12-3129 JLS (SS) United States District Court, C.D. California. May 13, 2014

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

          JOSEPHINE L. STATON, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff's "Revised" Second Amended Complaint, the Motion for Summary Judgment by Defendant Herman Stampley, the Motion for Summary Judgment by Defendants Vincent Arias and Bradley Jackson, Plaintiff's Oppositions to the respective Motions for Summary Judgment, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections has passed, and no Objections have been received. Accordingly, the Court accepts and adopts the Magistrate Judge's Report and Recommendation.

         Consistent with the Report and Recommendation, IT IS ORDERED that:

(1) Stampley's Motion for Summary Judgment is GRANTED;

(2 Arias's and Jackson's Motion for Summary Judgment is GRANTED;

(3) Judgment shall be entered in favor of all Defendants, including non-moving Defendant Torrance L. Porch, the fourth member of the alleged conspiracy at issue in this case, and this action shall be DISMISSED WITH PREJUDICE.

         The Clerk of the Court shall serve copies of this Order and the Judgment on Plaintiff and Porch at their respective addresses of record and on counsel for the remaining Defendants.

         LET JUDGMENT BE ENTERED ACCORDINGLY.