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Carmel Spiteri v. Riverside County

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


May 10, 2012

CARMEL SPITERI, PLAINTIFF,
v.
RIVERSIDE COUNTY, ET AL., DEFENDANTS.

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

ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) GRANTING DEFENDANTS COUNTY OF RIVERSIDE, SHERIFF SNIFF AND CARREN ROBINSON'S MOTION TO DISMISS WITH LEAVE TO AMEND AS TO CERTAIN CAUSES OF ACTION

Pursuant to 28 U.S.C. §636, the Court has reviewed the Complaint and all other papers along with the attached Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in de novo review of Plaintiff's "Motion for Reconsideration re: Honourable Magistrate Judge's Report and Recommendation," Defendants' "Reply to Objections to Report and Recommendation of Magistrate Judge (Mislabeled as Motion for Reconsideration)," Plaintiff's Objection to the Honourable Magistrate Judge's Report and Recommendation," and Defendants' "Reply to Objections to Report and Recommendation of Magistrate Judge."

IT IS THEREFORE ORDERED that the Court: (1) accepts the findings and recommendations of the United States Magistrate Judge;(2) grants Defendants City of Riverside, Sheriff Sniff and Carren Robinson's Motion to Dismiss Plaintiff's Second Cause of Action without leave to amend and grants Defendants' Motion to Dismiss Plaintiff's First, Third, Sixth and Seventh Causes of Action with leave to amend; and (3) Plaintiff is ordered to amend his Complaint to address the above-noted deficiencies and file a First Amended Complaint no later than June 18, 2012.

20120510

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