United States District Court, C.D. California, Western Division
February 2, 2015
TALMADGE ADIB TALIB, Plaintiff,
PETER NICHOLAS et al., Defendants.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
JOHN A. KRONSTADT, District Judge.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has reviewed the Second Amended Complaint, the records on file, the Report and Recommendation of the assigned United States Magistrate Judge. Further, the Court has made a de novo determination of those portions of the reports to which objections are made.
IT IS HEREBY ORDERED that:
1. The Magistrate Judge's Report and Recommendation is approved and accepted.
2. Plaintiff's claims against Defendants Miguel and Rob Van Lingen are dismissed with prejudice.
3. Plaintiff's claims against all Defendants in their official capacities are dismissed with prejudice.
4. Plaintiff's claims against Defendants LASD and the County of Los Angeles are dismissed with prejudice.
5. Plaintiff's claims against Defendants based upon violations of criminal statutes are dismissed with prejudice.
6. Plaintiff's newly-added claims arising out of an alleged incident on July 10, 2013, are dismissed without prejudice to those claims being filed in a separate action.
7. If Plaintiff wishes to pursue this action, he is ORDERED to file a Third Amended Complaint within twenty-one (21) days of the date of this Order that is limited to his claims against Defendants Nicholas, Gonsalves, Nunes, Moyer, Sanchez, and Vera in their individual capacities only.