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07-593 - Gonzalez v. Lopez et al


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07-593 - Gonzalez v. Lopez et al
January 23, 2008
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court recommends that Defendant Abel Lopez's Motion for Summary Judgment be GRANTED. Plaintiff's claims arising under 42 U.S.C. ยง 1983 should be DISMISSED with prejudice. Plaintiff's claim of malicious prosecution arising under state law should be DISMISSED without prejudice. The Court cannot find that Plaintiff has met his burden to show excusable neglect, and Plaintiff's Motion to File DVD of BC is hereby DENIED. Defendant's objection to the Broden Declaration is hereby SUSTAINED, and the motion to strike the declaration is GRANTED. Defendant's objection to the EC Declaration is hereby SUSTAINED, and the motion to strike the declaration is GRANTED. Defendant's objections to Plaintiff's Exhibits F and G are OVERRULED as moot and the motion to strike is DENIED as to these exhibits. (Signed by Magistrate Judge Irma C Ramirez on 1/23/2008) (mfw)
February 6, 2008
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ORDER ACCEPTING AS MODIFIED 60 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's claim of malicious prosecution arising under state law is REMANDED to the state court for consideration. (Signed by Judge Barbara M. G. Lynn on 2/6/08) (klm)