UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
February 29, 2008
STANFORD P. BRYANT PLAINTIFF,
TIM OCHOA, 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 IN PART AND DENYING IN PART MOTION TO DISMISS; GRANTING LEAVE TO AMEND
On December 20, 2007 Magistrate Judge Peter Lewis entered a Report and Recommendation Re: Granting in Part and Denying in Part of Defendants' Motion to Dismiss ("R & R"). The R & R, expressly incorporated herein, thoroughly and thoughtfully analyzed Petitioner's claims and recommended, in pertinent part, (1) the granting of the motion to dismiss the monetary claims against defendants Ochoa and Janda in their official capacities; (2) the denial of the motion to dismiss the First Amendment retaliation claims; and (3) the granting of the motion to dismiss the Fourtheenth Amendment due process claims. Petitioner has filed objections to the R & R ("Objections"), and Defendants a response to those Objections. Pursuant to Local Rule 7.1(d)(1), this matter is appropriate for decision without oral argument.
In his Objections, Petitioner essentially argues that the defects identified in the R & R have been remedied in the Second Amended Complaint ("SAC") filed on December 31, 2007. The court informs Plaintiff that the Court Docket does not reflect the filing of the SAC. The court adopts the R & R in its entirety for the reasons set forth by Magistrate Lewis. Plaintiff is granted 25 days leave to amend from the date of entry of this order to file a new amended complaint.
IT IS SO ORDERED.
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