Barrales v. Crump

Full title: RAFAEL BARRALES, Plaintiff, v. A. CRUMP et al., Defendants.

Court: United States District Court, Ninth Circuit, California, C.D. California, Eastern Division

Date published: Feb 27, 2015

ED CV 13-01589-VBF (DFM) (C.D. Cal. Feb. 27, 2015)

Opinion

RAFAEL BARRALES, Plaintiff, v. A. CRUMP et al., Defendants. No. ED CV 13-01589-VBF (DFM) United States District Court, C.D. California, Eastern Division. February 27, 2015

          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. § 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.