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Martinez v. United States

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 30, 2010

EWIN OSCAR MARTINEZ, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DR. GEORGE SANTINI, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Stephen V. Wilson United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the amended complaint and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, as well as plaintiff's objections, and has made a de novo determination.

IT IS ORDERED that:

(1) The Report and Recommendation IS APPROVED AND ADOPTED;

(2) defendant George Santini's motion to dismiss IS GRANTED, and all claims against defendant Santini are dismissed;

(3) defendant United States' motion to dismiss IS GRANTED, IN PART, and all claims are dismissed against defendant United States except plaintiff's third cause of action for negligence under the Federal Tort Claims Act, and defendant United States shall file an answer to plaintiff's negligence claim within thirty (30) days of the date of this Order; and

(4) plaintiff's request for punitive damages is stricken.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the Magistrate Judge's Report and Recommendation by the United States mail on plaintiff.

20100930

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