Samuel Anthony Acinelli, Jr v. Robert Herrick et al
| Samuel Anthony Acinelli, Jr |
| M Farooq, Robert Herrick, Naveed Riaz and Kirk A Torres |
| 5:2013cv01371 |
| August 6, 2013 |
| US District Court for the Central District of California |
| Paul L. Abrams |
| Audrey B. Collins |
| Prisoner: Civil Rights |
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Filing
95
JUDGMENT by Judge Andre Birotte Jr, IT IS ADJUDGED that the action is dismissed without prejudice for failure to exhaust administrative remedies. Related to: R&R - Accepting Findings, Conclusion and Final Report and Recommendations 94 (MD JS-6, Case Terminated). (sbu)
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Filing
54
ORDER ACCEPTING MAGISTRATE JUDGE'S INTERIM REPORT AND RECOMMENDATION 51 by Judge Andre Birotte, Jr. IT IS ORDERED: 1. The Interim Report and Recommendation is approved and accepted. 2. Defendant's motion to dismiss is granted. 43 3. P laintiff's Eighth Amendment claim for inadequate medical care is dismissed without leave to amend and with prejudice. 4. Plaintiffs state law claims are dismissed with leave to amend. 5. Plaintiff is ordered, if he desires to pursue his state la w claims, to file a Fifth Amended Complaint no later than thirty (30) days of the date of service of this Order accepting this Report and Recommendation. 6. Defendant is ordered, if plaintiff fails to timely file a Fifth Amended Complaint, to file an answer to plaintiff's sexual assault claim as alleged in the Fourth Amended Complaint no later than thirty (30) days after plaintiff's date for filing a Fifth Amended Complaint has passed. 7. The clerk shall serve this order on all counsel or parties of record. *See Order for further details.* (es)
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