Tommy Lee Wiley III v. Correctional Officer Rosales

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

TOMMY LEE WILEY, III, Case No. CV 19-1837 MWF (PVC) Plaintiff,

ORDER ACCEPTING FINDINGS, v. CONCLUSIONS AND

RECOMMENDATIONS OF UNITED CORRECTIONAL OFFICER ROSALES, STATES MAGISTRATE JUDGE et al.,

Defendants.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint in the above-captioned matter, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge, with the following amendment: the case citation on page 14, line 23 of the Report is corrected to read: Valandingham v. Bojorquez, 866 F.2d 1135, 1138 (9th Cir. 1989). In particular, the Court agrees with the Magistrate Judge that, after three attempts, any further amendment would be futile.

Defendants’ Motion to Dismiss the Second Amended Complaint is thus GRANTED without leave to amend. IT IS ORDERED that Judgment shall be entered dismissing this action with prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Plaintiff at his current address of record and on counsel for Defendants.

LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: April 27, 2021 J } | fs UNITED STATES DIST T JUDGE