Dawkins v. Woodford et al

Filing 179

ORDER (1) Adopting #174 Report and Recommendation; and (2) Granting #151 Motion to Dismiss Plaintiff's Fourth Amended Complaint. Having reviewed the R&R, the Court finds that it is thorough, well reasoned, and contains no clear error. Accordingly, the Court adopts Magistrate Judge Bartick's R&R in its entirety and grants the motion to dismiss. Plaintiff's claims against Defendant G. Siota are dismissed without prejudice. Signed by Judge Janis L. Sammartino on 6/7/2013. (All non-registered users served via U.S. Mail Service)(jao)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 ANTHONY D. DAWKINS, 11 12 CASE NO. 09CV1053 JLS (DHB) Plaintiff, vs. 13 14 15 C. BUTLER, Correctional Captain, et al., Defendants. ORDER (1) ADOPTING REPORT AND RECOMMENDATION; AND (2) GRANTING MOTION BY DEFENDANT G. SIOTA TO DISMISS PLAINTIFF’S FOURTH AMENDED COMPLAINT (ECF Nos. 151, 174) 16 17 Presently before the Court is Defendant G. Siota’s Motion to Dismiss Plaintiff’s 18 Fourth Amended Complaint Filed April 29, 2011 [Fed. R. Civ. P. 12(b)]. (ECF No. 19 151). Also before the Court is Magistrate Judge Bartick’s Report and Recommendation 20 (“R&R”) advising that the Court GRANT the motion. (ECF No. 174). Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a 21 22 district court’s duties in connection with a magistrate judge’s R&R. The district court 23 must “make a de novo determination of those portions of the report to which objection 24 is made,” and “may accept, reject, or modify, in whole or in part, the findings or 25 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also 26 United States v. Raddatz, 447 U.S. 667, 673–76 (1980); United States v. Remsing, 874 27 F.2d 614, 617 (9th Cir. 1989). In the absence of timely objection, however, the Court 28 “need only satisfy itself that there is no clear error on the face of the record in order to -1- 09cv1053 1 accept the recommendation.” Fed. R. Civ. P. 72 advisory committee’s note (citing 2 Campbell v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974)). 3 Here, Plaintiff has failed to file timely objections to Magistrate Judge Bartick’s 4 R&R. Having reviewed the R&R, the Court finds that it is thorough, well reasoned, and 5 contains no clear error. Accordingly, the Court ADOPTS Magistrate Judge Bartick’s 6 R&R in its entirety and GRANTS the motion to dismiss. Plaintiff’s claims against 7 Defendant G. Siota are DISMISSED WITHOUT PREJUDICE. 8 IT IS SO ORDERED. 9 10 DATED: June 7, 2013 11 12 Honorable Janis L. Sammartino United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 09cv1053

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