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Richard Joseph Crane v. M. Yarborough

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 30, 2011

RICHARD JOSEPH CRANE, PLAINTIFF,
v.
M. YARBOROUGH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Dale S. Fischer United States District Judge

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

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, the Motions to Dismiss filed by defendants M. Yarborough, D.K. Downs and J. McGuinness ("defendants"), all of the documents filed by defendants and plaintiff in connection with the Motions to Dismiss, and all of records herein, including the Superseding Report and Recommendation of United States Magistrate Judge ("Superseding Report and Recommendation") and petitioner's Objections to the Superseding Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Superseding Report and Recommendation to which objection is made.*fn1 The Court concurs with and accepts the findings, conclusions, and recommendations of the United States Magistrate Judge.

IT IS HEREBY ORDERED: (1) the Motions to Dismiss are granted; (2) the First Amended Complaint is dismissed without leave to amend to the extent it raises claims against defendants in their official capacities; (3) the First Amended Complaint is dismissed with leave to amend to the extent it raises claims against defendants in their individual capacities; and (4) plaintiff shall file any second amended complaint within twenty (20) days of the filing of this Order if he can cure the deficiencies identified in the Superseding Report and Recommendation and still wishes to pursue this action.*fn2 Plaintiff is advised that the failure timely to file a second amended complaint will subject this action to dismissal based upon plaintiff's failure to prosecute.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Report and Recommendation on plaintiff and on defendants' counsel.

IT IS SO ORDERED.


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