Opinion
Case No. CV 14-904 DDP(JC)
04-08-2020
MICHAEL GATES, Plaintiff, v. M. BUECHTER, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE [DOCKET NO. 120]
Pursuant to 28 U.S.C. § 636, the Court has reviewed all of the records herein including the currently operative Second Amended Complaint, all documents filed by the parties in connection with defendant M. Buechter's Motion for Judgment on the Pleadings ("Defendant's Motion") (including defendant's Request for Judicial Notice), the December 27, 2018 Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), plaintiff's objections to the Report and Recommendation ("Objections"), and defendant's response to the Objections. The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made.
The Objections essentially reassert mostly the same arguments plaintiff previously raised, and which the Report and Recommendation properly concludes have no merit. Accordingly, the Court agrees with, and approves and accepts the Report and Recommendation, and overrules the Objections.
IT IS HEREBY ORDERED THAT: (1) the Request for Judicial Notice is granted; (2) Defendant's Motion is granted; (3) leave to amend the Second Amended Complaint is denied; and (4) Judgment on the pleadings is granted in favor of defendant Buechter and against plaintiff.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on plaintiff and counsel for defendant.
LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: April 8, 2020
/s/_________
HONORABLE DEAN D. PREGERSON
SENIOR UNITED STATES DISTRICT JUDGE