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Gideon Valente Agra v. David Franco

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 16, 2013

GIDEON VALENTE AGRA, PLAINTIFF,
v.
DAVID FRANCO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: S. James Oterounited 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 Complaint, all the records and files herein, and the Amended Report and Recommendation of the United States Magistrate Judge. Objections to the Amended Report and Recommendation have been filed herein. Having made a de novo determination of those portions of the Amended Report and Recommendation to which objections have been made, the Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.

IT THEREFORE IS ORDERED that the State defendants' Motion to Dismiss the claims against the State defendants, without leave to amend is granted; the Federal defendants' Motion to Dismiss is granted with leave to amend as to a possible tax refund claim and/or an Internal Revenue Code § 7433 claim against the United States; the Federal defendants' Motion to Dismiss is granted without leave to amend as to any other claims. If plaintiff still desires to pursue a tax refund claim and/or a claim pursuant to Internal Revenue Code § 7433, plaintiff is required to file a First Amended Complaint within thirty (30) days of the service of this Order.

20130416

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