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Glenn David O'neal v. A. Fakhoury

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 31, 2011

GLENN DAVID O'NEAL,
PLAINTIFF,
v.
A. FAKHOURY, DEFENDANT.

The opinion of the court was delivered by: Dean D. Pregerson 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 First Amended Complaint, defendant's Motion To Dismiss ("Motion"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and Plaintiff's Objection to the Report. The Court has conducted a de novo review of those matters to which objections have been stated in writing and has considered the exhibits appended to the Objection. Having completed its review, the Court accepts and adopts the Report and the findings of fact, conclusions of law, and recommendations therein.

IT IS ORDERED that: (1) the Motion is GRANTED, pursuant to Fed. R. Civ. P. 12(b)(6); (2) the Motion is DENIED, pursuant to Fed. R. Civ. P. 12[unenumerated]; (3) the First Amended Complaint is dismissed with leave to amend; and (4) if Plaintiff wishes to pursue this action, he shall file and serve, within thirty (30) days of this Order, a Second Amended Complaint that corrects the defects identified in the Report.

IT IS SO ORDERED.

20110831

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