Opinion
CASE NO. ED CV 11-01633 DSF (RZ)
11-13-2013
JASON PATTEN, Plaintiff, v. J. WALKER, ET AL., Defendants.
ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS IN
SECOND REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE
The Court has reviewed the file in this matter, and has read and reviewed the Second Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Second Report to which Plaintiff has objected. The Court accepts the findings and recommendations in the Second Report, and thus
1. grants in part defendant Walker's motion to dismiss;
2. grants in part the dismissal motion by defendants Lee and Branton;
3. dismisses from the action, without prejudice (for Plaintiff's failure to accomplish service of process), defendants Clark, Brisco, Oglesby, Mixon and Lowen; and
4. dismisses the state-law-based claims from the action without prejudice. Under separate cover, the Court will enter an appropriate Judgment.
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DALE S. FISCHER
UNITED STATES DISTRICT JUDGE