Opinion
8:19-cv-00666-PA (SHK)
10-12-2022
BRIAN ANTHONY PROVOST, Plaintiff, v. BRYN FEDDERSON, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
PERCY ANDERSON UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the Motions to Dismss (“MTD”) the Complaint, the Report and Recommendation (“R&R”) of the previously assigned United States Magistrate Judge, the Amended Report and Recommendation (“Amended R&R”) of the currently assigned United States Magistrate Judge, and the relevant records on file. See Electronic Case Filing Number (“ECF No.”) 1, Compl.; ECF No. 23-1 MTD by Defendant J. Ackerman (“Ackerman MTD”); ECF No. 32, MTD by Defendants Huntington Beach Police Department (“HBPD”) Officer Bryn Fedderson and HBPD Lieutenant Ryan Reilly (“HBPD MTD”); ECF No. 50, R&R; ECF No. 58, Amended R&R. The Court has engaged in de novo review of those portions of the R&R and Amended R&R to which the parties have objected. The Court REJECTS the findings and recommendations set forth in the R&R and ACCEPTS the findings and recommendations of the currently assigned Magistrate Judge in the Amended R&R.
IT IS THEREFORE ORDERED that the Ackerman MTD and HBPD MTD are both GRANTED, all claims against Defendant J. Ackerman are DISMISSED without Prejudice, and the Complaint is DISMISSED without prejudice and with leave to amend in accordance with the instructions set forth in the Amended R&R. See ECF No. 58 Amended R&R at 27-29.