2 4 6 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 | PAUL KINNEY, Case No. 2:18-cv-01995-SVW (MAA) 12 Plaintiff, 13 ORDER ACCEPTING FINDINGS ANI v. RECOMMENDATIONS OF UNITED 14 STATES MAGISTRATE JUDGE 15 STEPHEN LANGFORD et ai., 16 Defendants. 17 18 Pursuant to

, the Court has reviewed the Complaint (ECF No. 19 || 1), Defendants’ Motion to Dismiss (ECF No. 39), Plaintiff's Opposition (ECF No. 20 || 41), Defendants’ Reply (ECF No. 51), the other records on file herein, and the 21 || Report and Recommendation of United States Magistrate Judge (ECF No. 58). The 22 || time for filing objections has expired and no objections have been made. The Court 23 || concurs with and accepts the findings and conclusions of the Magistrate Judge. 24 IT THEREFORE IS ORDERED that: 25 1. The Report and Recommendation of Magistrate Judge is ACCEPTED 26 and ADOPTED; 27 2. Defendants’ Motion to Dismiss is GRANTED IN PART and DENIED 28 IN PART as follows:

1 a. Defendants’ Motion to Dismiss the official capacity claims is 2 granted; 3 b. Defendants’ Motion to Dismiss the claims as not actionable 4 under Bivens v. Six Unknown Named Agents of Federal Bureau 5 of Narcotics,

(1971) is granted; 6 c. Defendants’ Motion to Dismiss for failure to allege sufficient 7 facts to show that Plaintiff is entitled to relief is denied; 8 d. Defendants’ Motion to Dismiss on qualified immunity grounds 9 is denied; 10 e. Defendants’ Motion to Dismiss for failure to serve the summons 11 and Complaint upon the United States is denied; 12 3. Plaintiff is DENIED leave to amend the Complaint; and 13 4. Judgment shall be ENTERED dismissing the Complaint and entire 14 action with prejudice. 15 16 eo oD 17 patep: 7/22 Eau, ie Me 18 STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28