Lee Cook v. Joseph Torres et al
| Lee Cook |
| Edward J Roberts, Donald Leuschen, Peter Carmona and Joseph Torres |
| 2:2013cv02030 |
| March 21, 2013 |
| US District Court for the Central District of California |
| Suzanne H. Segal |
| Josephine Staton Tucker |
| Civil Rights: Other |
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Filing
43
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Josephine L. Staton. Accordingly, the Court accepts and adopts the Magistrate Judge's Report and Recommendation. Consistent with the Report an d Recommendation, IT IS ORDERED that: (1) Defendants' Motion to Dismiss on the grounds that the Second Amended Complaint fails to state a claim under 42 U.S.C. § 1983 and state tort law is GRANTED; (2) Defendants' Motion to Dismiss on the grounds of qualified immunity is DENIED without prejudice; (3) Defendants' Motion to Strike Plaintiff's requests for punitive damages against Defendants in their official capacity is GRANTED; (4) Defendants' Motion to Strike Plaint iff's requests for punitive damages against Defendants in their individual capacity is DENIED without prejudice; (5) Plaintiff shall file a Third Amended Complaint correcting the deficiencies identified in the Magistrate Judge's Report and Recommendation within fourteen (14) days of the date of this Order if he wishes to pursue this litigation. (mr)
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