Valencia v. Rutledge

Full title: DIEGO RIVERA VALENCIA, Plaintiff, v. FRANKLIN RUTLEDGE, et al., Defendants.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Apr 7, 2020

Case No. 5:18-cv-00311-DOC (SHK) (C.D. Cal. Apr. 7, 2020)

Opinion

Case No. 5:18-cv-00311-DOC (SHK)

04-07-2020

DIEGO RIVERA VALENCIA, Plaintiff, v. FRANKLIN RUTLEDGE, et al., Defendants.

HONORABLE DAVID O. CARTER United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff's First Amended Complaint ("FAC"), Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment ("Motion"), the relevant records on file, the Report and Recommendation ("R&R") of the United States Magistrate Judge, and the objections filed by Plaintiff to the R&R. The Court has engaged in de novo review of those portions of the R&R to which Plaintiff has objected. Court accepts the findings and recommendation of the Magistrate Judge.

IT IS THEREFORE ORDERED that:

(1) The Magistrate Judge's R&R [Electronic Case Filing Number ("ECF No.") 31] is ADOPTED;

(2) Defendants' Motion [ECF No. 25] is GRANTED insofar as Defendants move to dismiss all claims based on the lapse of the statute of limitations, and DENIED insofar as Defendants seek summary judgment against Plaintiff;

(3) The claims in Plaintiff's FAC against all Defendants are DISMISSED with prejudice;

(4) Plaintiff's Objections [ECF Nos. 27-28] to Defendants' filings are DENIED as MOOT; and

(5) Judgment be entered DISMISSING this action with prejudice.

Dated: April 7, 2020

/s/_________

HONORABLE DAVID O. CARTER

United States District Judge