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Kennedy v. Lopez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION


April 8, 2010

ALPHONSO KENNEDY, SR., PLAINTIFF,
v.
OFFICER LOPEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Cormac J. Carney United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's report and recommendation. The Court agrees with the recommendations of the magistrate judge.

ACCORDINGLY, IT IS ORDERED:

1. The report and recommendation is adopted.

2. Plaintiff's federal civil rights claims are dismissed without leave to amend and with prejudice for failure to state a claim.

3. Plaintiff's state law claims are dismissed without prejudice to plaintiff raising such claims in state court.

4. Judgment shall be entered consistent with this order.

5. The clerk shall serve this order and the judgment on all counsel or parties of record.

20100408

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