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Pough v. Grannis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 16, 2010

DAVY KELVIN POUGH PLAINTIFF,
v.
N. GRANNIS; ET AL., DEFENDANTS.

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

ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING MOTION TO DISMISS WITH PREJUDICE

Having carefully considered Magistrate Judge Brook's thorough and thoughtful Report and Recommendation Granting Defendants' Motion to Dismiss the Fourth Amended Complaint and Denying Defendants' Motion for Strike Designation ("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 court dismisses Plaintiff's Fourth Amended Complaint without leave to amend and denies Defendants' Motion for a Strike Designation. The Clerk of Court is instructed to close the file.

IT IS SO ORDERED.

20100916

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