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Amy Konstantelos, et al v. Patricia Ploehn

April 16, 2012

AMY KONSTANTELOS, ET AL.,
PLAINTIFF,
v.
PATRICIA PLOEHN, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: George H. King United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b)(1)(C), the court has reviewed the entire record in this action, as well as the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been received.

IT IS ORDERED:

(1) that the Report and Recommendation of the United States Magistrate Judge be accepted;

(2) that Defendants' motion to dismiss (docket no. 56, filed May 25, 2011) be granted in part and denied in part;

(3) that all claims against Defendant Baca, and the state tort claims against Defendants Miller, Bryant, Oppenheimer, and Ploehn, be dismissed, without further leave to amend;

(4) that Defendants' motion to dismiss be otherwise denied; and

(5) that remaining Defendants file an answer to the Second Amended Complaint within thirty (30) days of the filing of this Order. IT IS FURTHER ORDERED that the clerk shall serve this order on the parties.

20120416

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