Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Vujicich v. Vanderberg

United States District Court, C.D. California, Eastern Division

April 15, 2014

PETER VUJICICH, Petitioner,
v.
A. VANDERBERG et al., Respondents.

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

GEORGE H. WU, District Judge.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the records on file, and the Report and Recommendation of the assigned United States Magistrate Judge. No party has filed any written objections to the Report. Except for the following changes, the Court accepts the findings and recommendations of the Magistrate Judge:

A. Page 1, line 25: Delete one § symbol.
B. Page 2, line 1: Replace "Plaintiff's" with "Plaintiff".
C. Page 2, line 7: Insert the following sentence -
Together, the THR Defendants and the County Defendants will be referred to as "Defendants."
D. Page 5, lines 22 and 24: Insert "County" after San Bernardino.
E. Page 7, line 2: Replace "establish" with "indicate".
F. Page 7, lines 6 through 20: Replace the paragraph at lines 6 through 20 with the following -
The Court has discretion to dismiss with or without leave to amend. Lopez v. Smith, 203 F.3d 1122, 1126-30 (9th Cir. 2000) (en banc) . Leave to amend should be granted if it appears possible that the defects in the complaint could be corrected, especially if a plaintiff is pro se. Id. at 1130-31; see also Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (noting that "[a] pro se litigant must be given leave to amend his or her complaint, and some notice of its deficiencies, unless it is absolutely clear that the deficiencies of the complaint could not be cured by amendment" (citing Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987) )). Here, the Court cannot say that it would be impossible for Plaintiff to cure the defects of his § 1983 claim against the THR Defendants. Accordingly, the complaint will be dismissed with leave to amend.

IT IS THEREFORE ORDERED as follows:

1. Plaintiff's motions to strike are denied.

2. The County Defendants' motion to dismiss is denied.

3. The THR Defendants' request for judicial ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.