Urbina v. McDowell

Full title: IRVING R. URBINA, Plaintiff, v. NEIL McDOWELL, et al., Defendants.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Oct 24, 2019

No. EDCV 18-1286 JVS (FFM) (C.D. Cal. Oct. 24, 2019)

Opinion

No. EDCV 18-1286 JVS (FFM)

10-24-2019

IRVING R. URBINA, Plaintiff, v. NEIL McDOWELL, et al., Defendants.

JAMES V. SELNA United States District Judge

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this action, the attached Report and Recommendation of United States Magistrate Judge ("Report"), and the objections thereto. Good cause appearing, the Court concurs with and accepts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

IT IS ORDERED that

(1) plaintiff's claim that the strip search violated his Eighth Amendment rights is dismissed with prejudice;

(2) plaintiff's due process claim is dismissed with prejudice;

/ / / / / /

(3) defendants' request for qualified immunity is denied without prejudice as to plaintiff's Fourth Amendment claim and Eighth Amendment van confinement and waiting room claims; and

(4) defendants' motion to dismiss the First Amended Complaint is denied in all other respects.

DATED: October 24, 2019

/s/_________

JAMES V. SELNA

United States District Judge