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Darrell J. Moore, Sr v. Rudolf Montiel

February 5, 2013

DARRELL J. MOORE, SR.,
PLAINTIFF,
v.
RUDOLF MONTIEL, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: George H. WU 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. The court has engaged in a de novo review of those portions of the Report and Recommendation to which objection has been made. The court accepts the findings and recommendation of the Magistrate Judge, with the following correction: at P. 10, line 7, the heading should read, "COA 3 SHOULD BE DISMISSED ON GROUNDS OF IMMUNITY."

IT IS THEREFORE ORDERED that Defendants' motions to dismiss (docket nos. 15, 19, and 22) filed May 31, 2011 be granted; that the complaint be dismissed without leave to amend; and that judgment be entered dismissing Plaintiff's state law claims in COA 1 without prejudice and dismissing all other claims, with prejudice, for failure to state a claim and, as to Defendant Judge Jones, on grounds of immunity.

20130205

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