Philippe Zogbe Zatta v. Steven Charles Eldred
Philippe Zogbe Zatta v. Steven Charles Eldred
Trial Court Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 ) 12 PHILIPPE ZOGBE ZATTA, ) Case No. SACV 18-2280-ODW (JEM) ) 13 Plaintiff, ) ) ORDER ACCEPTING FINDINGS AND 14 v. ) RECOMMENDATIONS OF UNITED ) STATES MAGISTRATE JUDGE 15 STEVEN CHARLES ELDRED, et al., ) ) 16 Defendants. ) ) 17 Pursuant to
28 U.S.C. Section 636, the Court has reviewed the pleadings, the 18 records on file, the Report and Recommendation of the United States Magistrate Judge, 19 Plaintiff’s Objections, and Defendant Corsi’s Reply to the Objections. The Court has 20 engaged in a de novo review of those portions of the Report and Recommendation to which 21 Plaintiff has objected. 22 Plaintiff also filed a Notice of Voluntary Dismissal, in which he dismissed without 23 prejudice his claims against Defendant Robert McCulloch. Plaintiff’s Notice of Voluntary 24 Dismissal was effective upon its filing and without a court order pursuant to Fed. R. Civ. P. 25 41(a)(1)(A)(i). See United States v. Real Property Located at 475 Martin Lane, Beverly 26 Hills, CA,
545 F.3d 1134, 1145(9th Cir. 2008) (a voluntary dismissal pursuant to Rule 27 41(a)(1)(A)(i) is self-executing and requires no further action by the court). 28 1 The Court overrules Plaintiff's Objections, accepts the findings and recommendations 2| of the Magistrate Judge as to all claims against the remaining Defendants, and finds that dismissal of this action with prejudice is warranted. 4 Accordingly, IT |S ORDERED that: (1) Defendants’ Motions to Dismiss are GRANTED; (2) Plaintiffs claims against the remaining Defendants are dismissed with 6| prejudice; (3) Plaintiff's Motions for Default Judgment against the Private Party Defendants and Defendant Corsi are denied; and (4) Judgment shall be entered accordingly. 8 a ype 9|| DATED: _December 4, 2019 OTIS D. WRIGHT, II 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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