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Altheia Taylor v. County of San Bernardino

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 30, 2011

ALTHEIA TAYLOR, PLAINTIFF,
v.
COUNTY OF SAN BERNARDINO, ET AL, DEFENDANTS.

The opinion of the court was delivered by: Margaret M. Morrow United States District Judge

ORDER ACCEPTING AND 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, defendants' motion to dismiss the First Amended Complaint ("Motion"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and plaintiff's Objections. The Court has conducted a de novo review of those matters to which Objections have been stated in writing. Having completed its review, the Court accepts and adopts the Report.

IT IS ORDERED that: the Motion is granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; and the First Amended Complaint is dismissed as follows:

(1) Claims One through Nine are dismissed with leave to amend;

(2) Claims Ten through Twelve are dismissed without leave to amend and without prejudice to their reassertion in state court; and

(3) Plaintiff is granted leave to amend to file and serve a Second Amended Complaint, consistent with this Order and the Report, within thirty (30) days of this Order.

IT IS SO ORDERED.

20110930

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