Daniels v. Alvarado et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety and denies Plaintiff's Objections. Signed by Judge Jeffrey T. Miller on 3/9/09. (All non-registered users served via U.S. Mail Service).(tkl)(jrl).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 6, 2009 Magistrate Judge Porter entered a Report and Recommendation to Grant in Part and Deny in Part Defendants' Motion to Dismiss ("R & R"). Plaintiff filed Objections to the R & R. Defendants neither filed Objections nor a reply to Plaintiff's Objections. The R & R denied Defendants motion to dismiss for failure to exhaust administrative remedies, denied the motion to dismiss the Eighth Amendment claim against Defendants Alvarado and Harris, and granted the motion to dismiss the Eighth Amendment claim against Defendant Mitchell. The R & R did not address any asserted claims against Defendant Roberts because Plaintiff has yet to effectuate service on this Defendant. In his Objections, Plaintiff seeks an order to compel Defendants to disclose the identity and/or location of Defendant Roberts. As this Objection does not undermine or challenge the R & R in any manner, the court denies this Objection. To the extent Plaintiff desires to file any discovery related motion to discover the identity or location of Defendant Roberts, the court notes that all such motions -107cv1822

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
TED DARNELL DANIELS, vs. O. ALVARADO; M. HARRIS, A. ROBERTS; and W. MITCHELL, Defendants. Plaintiff, CASE NO. 07cv1822 JM(POR) ORDER ADOPTING REPORT AND RECOMMENDATION RE: GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

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must be originally brought before the Magistrate assigned to the case, and not this court. See Local Rule 26.1(c). In sum, the court adopts the R & R in its entirety and denies Plaintiff's Objections. IT IS SO ORDERED. DATED: March 9, 2009 Hon. Jeffrey T. Miller United States District Judge
cc: All parties

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07cv1822