United States District Court, C.D. California, Eastern Division
February 27, 2015
RAFAEL BARRALES, Plaintiff,
A. CRUMP et al., Defendants.
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. § 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.