Omar Shaibi v. Neil McDowell

United States District Court for the Central District of California

Omar Shaibi v. Neil McDowell

Trial Court Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 OMAR SHAIBI, Case No. CV 18-09286 JVS (RAO)

13 Plaintiff, ORDER ACCEPTING FINDINGS, 14 v. CONCLUSIONS, AND RECOMMENDATION OF 15 NEIL MCDOWELL, et al., UNITED STATES MAGISTRATE JUDGE 16 Defendants. 17 18 Pursuant to

28 U.S.C. § 636

, the Court has reviewed Plaintiff’s Complaint, 19 Dkt. No. 1; the Report and Recommendation of the United States Magistrate Judge 20 (“Report”), Dkt. No. 95; Plaintiff’s Objections, Dkt. Nos. 98, 100; Defendant Allen’s 21 Reply to Objections, Dkt. No. 102; the Response to Objections of the other named 22 Defendants, Dkt. No. 101; and all other records and files herein. Further, the Court 23 has made a de novo determination of those portions of the Report to which objections 24 have been made. Although the Court is not persuaded by the Objections, the Court 25 briefly addresses several points. 26 First, Plaintiff seeks to introduce additional facts and arguments in his 27 Objections. This he may not do. See, e.g., Chacon v. Casas,

2019 WL 1082351

, at 28 1 || *1 n.2 (C.D. Cal. Mar. 6, 2019) (citing United States v. Howell,

231 F.3d 615

, 621 2 || (9th Cir. 2000)). 3 Second, Plaintiff's request to reopen discovery is DENIED. Plaintiff has 4 || failed to show good cause for any further continuance or explain why he was 5 || unable to obtain necessary discovery within the extended period of 19 months that 6 || was afforded to both parties. 7 Third, together with his Objections, Plaintiff has submitted a Motion to Alter 8 || Judgment pursuant to Federal Rule of Civil Procedure 59(e). Dkt. No. 98 at 6-16. 9 || Because final judgment has not yet been entered in this case, the motion is denied 10 || without prejudice as premature. See Fed. R. Civ. Pro. 59(e) (“A motion to alter or 11 || amend a judgment must be filed no later than 28 days after the entry of the 12 || judgment.”’). 13 The Court hereby accepts and adopts the Magistrate Judge’s findings, 14 || conclusions, and recommendations. IT IS ORDERED that this action is dismissed 15 || with prejudice and without leave to amend. 16 "7 dq faa 18 X : Us 4 ( J j Ie Le 19 || DATED: September 16, 2021 / JAMES V. SELNA/ 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28

Reference

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