Summary
finding "the term 'persons' in [a 1983 action] does not include municipal departments."
Summary of this case from Bass v. San Bernardino Cnty. Sheriff's Dep'tOpinion
Case No. CV 12-02444-JAK (JEM)
04-16-2013
ELMO SMITH, JR., Plaintiff, v. COUNTY OF LOS ANGELES, et al., Defendants.
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, the records on file, and the Report and Recommendation of the United States Magistrate Judge. No Objections to the Report and Recommendation have been filed within the time allowed for Objections. The Court accepts the findings and recommendations of the Magistrate Judge.
IT IS HEREBY ORDERED that Defendants' Motion to Dismiss is GRANTED. The Complaint is dismissed with leave to amend. Plaintiff may file a First Amended Complaint within thirty (30) days of this Order.
IT IS SO ORDERED.
____________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE