Opinion
Case No. SA CV 17-00297-VBF-MRW
01-04-2018
ARTHUR LOPEZ, Plaintiff, v. City of Costa Mesa, Costa Mesa Police Department, Isidro Gallardo CMPD Badge #620 (in his individual capacity), Christopher Walk CMPD Badge #431 (in his individual capacity), and Does 1-100, Defendants.
ORDER
Adopting Report & Recommendation:
Denying Document #65 (Plaintiff's Second Motion for Leave to Amend the Complaint); Returning the Case to the Magistrate Judge for Further Pre-Trial Proceedings
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pro se civil-rights complaint (CM/ECF Document ("Doc"1) and the defendants' Answer (Doc 18); Plaintiff's second motion for leave to amend the complaint, which was filed on October 10, 2017, and the proposed amendment (Doc 65); defendants' opposition brief (Doc 67); plaintiff's reply brief (Doc 82); the other records on file; the Report and Recommendation ("R&R") issued by the United States Magistrate Judge on November 29, 2017 (Doc 87); and the applicable law.
The deadline for plaintiff to file objections to the R&R under Fed. R. Civ. P. 72 elapsed on about December 13, 2017, more than three weeks ago, and the Court has received neither objections nor a request for an extension of the objection deadline. Nonetheless, out of an abundance of caution, the Court has reviewed Judge Wilner's characteristically well-reasoned R&R de novo and finds no defect of law, fact, or logic therein. Accordingly, the Court will accept the Magistrate Judge's findings and conclusions and implement his recommendations.
ORDER
The Nov. 29, 2017 Report & Recommendation [Doc #87] is ADOPTED.
Plaintiff's October 10, 2017 Second Motion for Leave to Amend the Complaint [Doc #65] is DENIED.
This matter is referred back to the assigned United States Magistrate Judge for further pretrial proceedings. Dated: January 4, 2018
/s/_________
Honorable Valerie Baker Fairbank
Senior United States District Judge