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Barrales v. Crump

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

February 27, 2015

RAFAEL BARRALES, Plaintiff,
v.
A. CRUMP et al., Defendants.

ORDER ADOPTING R&R; GRANTING IN PART AND DENYING IN PART SPEARS'S MOTION TO DISMISS; AND PERMITTING PLAINTIFF TO AMEND THE COMPLAINT NO LATER THAN MARCH 23, 2015

VALERIE BAKER FAIRBANK, District Judge.

Pursuant to 28 U.S.C. ยง 636(b)(1), the Court has reviewed the Complaint, defendant Spears's unopposed Fed.R.Civ.P. 12(b)(6) motion to dismiss the complaint, the well-reasoned Report and Recommendation ("R&R") of the United States Magistrate Judge, and the applicable law. Neither party has filed any written objections to the R&R or sought an extension of time in which to do so. It is hereby ordered that:

The Report and Recommendation [Doc #25] is ADOPTED.

Defendant Spears's motion to dismiss the complaint [Doc #19] is granted in part and denied in part as follows:

▪ Spears's motion to dismiss claims against him in his official capacity is GRANTED, and those claims are dismissed with prejudice.
▪ Spears's motion to dismiss the excessive-force claim against him is DENIED.
▪ Spears's motion to strike the punitive-damages request is DENIED. The Court also DISMISSES the official-capacity claims against Crump.

Plaintiff MAY FILE a First Amended Complaint no later than Monday, March 23, 2015, but he is not required to do so.


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