Opinion
CV 21-00088-DMG (MAR)
09-23-2022
MARCEL FORD, Plaintiff, v. UNKNOWN, ET AL., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
DOLLY M. GEE, UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the relevant records on file, and the Report and Recommendation of the United States Magistrate Judge. The Court has engaged in de novo review of those portions of the Report to which Plaintiff has objected. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that:
(1) Defendants' Motion to Dismiss is DENIED with respect to Plaintiff's excessive force claim against Defendant Negrete;
(2) Defendants' Motion to Dismiss is GRANTED with respect to Plaintiff's failure to protect claims against Defendants Cole and Cates; and
(3) Plaintiff's failure to protect claims are dismissed without leave to amend.
Defendants shall file a responsive pleading to the remaining claims in the Third Amended Complaint within fourteen days. Fed. R. of Civ. P. 12(a)(4)(A).