Frederick Jackson v. J. Bender

Good Law
United States District Court, Central District of CaliforniaMarch 10, 20252:22-cv-01170California597 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

11 FREDERICK JACKSON, Case No. 2:22-01170 MEMF (ADS)

Plaintiff,

v. ORDER ACCEPTING UNITED STATES

MAGISTRATE JUDGE’S REPORT AND

J. BENDER, et al., RECOMMENDATION

Defendants.

16 Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff's Complaint, (Dkt. No. 1), and the Report and Recommendation of United State Magistrate Judge, (Dkt. No. 13.) No objections were filed, and the time to do so has passed. The Court accepts the findings and recommendations of the Magistrate Judge. The Report properly found that Plaintiff’s claim of malicious prosecution arises in a “new context” under the two-step framework for determining whether Bivens should be expanded. Hernandez v. Mesa, 589 U.S. 93, 103 (2020). (Court established a two- step analysis in deciding whether a Bivens claims should be extended to a new context: (1) “inquire whether the request involves a claim that arises in a ‘new context’…

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