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Nam Ba Nguyen v. Sgt. Gabriel Ponce

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 12, 2012

NAM BA NGUYEN, PLAINTIFF,
v.
SGT. GABRIEL PONCE, ET AL. DEFENDANTS.

The opinion of the court was delivered by: David O. Carter United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, defendants' motion to dismiss the Complaint ("Motion"), all the records herein, and the Report and Recommendation of United States Magistrate Judge ("Report"). The time for filing Objections to the Report has passed, and no Objections have been filed. The Court accepts the findings and recommendations set forth in the Report.

IT IS ORDERED that defendants' Motion is granted pursuant to Rule 12(b)(6) and (c) of the Federal Rules of Civil Procedure as follows:

(1) All claims against defendant Sergeant Gabriel Ponce are dismissed without leave to amend;

(2) Claim Two is dismissed against all defendants without leave to amend; and

(c) The sole claim in this action is Claim One, to the extent that it asserts a Fourth Amendment excessive force claim against the remaining defendants.

IT IS SO ORDERED.

20120412

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