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Williams v. San Diego County Board of Supervisors

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 10, 2008

MATT LYON WILLIAMS, PLAINTIFF,
v.
SAN DIEGO COUNTY BOARD OF SUPERVISORS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Napoleon A. Jones, Jr. United States District Judge

ORDER: 1) ADOPTING MAGISTRATE JUDGE ADLER'S REPORT AND RECOMMENDATION 2) DISMISSING DEFENDANT SAN DIEGO COUNTY BOARD OF SUPERVISORS WITH PREJUDICE

Before the Court is Magistrate Judge Jan Adler's Report and Recommendation to dismiss with prejudice Defendant San Diego County Board of Supervisors from the above-captioned action. After review, the Court ADOPTS the Report and Recommendation and DISMISSES with prejudice Defendant San Diego County Board of Supervisors.

During a telephonic Case Management Conference held before Magistrate Judge Adler on November 6, 2007 at 9:00 a.m., Plaintiff advised the magistrate judge that he no longer intended to seek leave to file a First Amended Complaint or a Second Amended Complaint. (R&R at 1.) Plaintiff's decision renders the Complaint filed on October 14, 2005 [doc. no. 1] the operative pleading in this case. Magistrate Judge Adler confirmed with Plaintiff that the effect of his decision would be that he would be proceeding against Defendant Sheriff Bill Kolender only, and that Defendant San Diego County Board of Supervisors would be deemed to be dismissed with prejudice. There has been no objection to this finding. Accordingly, this Court ADOPTS the Report and Recommendation and DISMISSES with prejudice Defendant San Diego County Board of Supervisors.

IT IS SO ORDERED.

20080110

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