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Derrick Benjamin v. F.B. Haws

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 1, 2010

DERRICK BENJAMIN,
PLAINTIFF,
v.
F.B. HAWS, WARDEN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Valerie Baker Fairbank United States District Judge

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

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and adopts the findings, conclusions and recommendations of the Magistrate Judge.

IT THEREFORE IS ORDERED that defendants Lanok and Johnson are dismissed from this action without prejudice; defendant Haws' Motion to Dismiss is granted with leave to amend; defendant Tilton's Motion to Dismiss is granted without leave to amend.

/// ///

Petitioner shall file and serve proof of service as to defendants Lanok and Johnson by January 10, 2011. The court sets an OSC re Service for that date. As to defendant Haws, the Amended Complaint should be filed and served by January 10, 2011.

20101201

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