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Willman v. Hernandez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 28, 2008

KURT A. WILLMAN PLAINTIFF,
v.
ROBERT HERNANDEZ, WARDEN; ET AL. DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION RE: GRANTING DEFENDANTS' MOTION TO DISMISS; GRANTING LEAVE TO AMEND

Having carefully considered Magistrate Judge Lewis' thorough and thoughtful Report and Recommendation Re: Granting Defendants' Motion to Dismiss ("R & R"), the record before the court, the absence of any objections to the R & R, and applicable authorities, the court adopts the R & R in its entirety.

In sum, the R & R is adopted in its entirety and the complaint is dismissed without prejudice. Plaintiff is also granted 25 days leave to amend from the date of entry of this order.

IT IS SO ORDERED.

20080228

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