McCullock v. Brown et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendation (ECF No. 36 ) is adopted in its entirety and the Motion to Strike Affirmative Defenses (ECF No. 27 ) is denied. Signed by Judge William Q. Hayes on 5/20/2019.(All non-registered users served via U.S. Mail Service)(ag)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

SOUTHERN DISTRICT OF CALIFORNIA

9
10

ROBERT MCCULLOCK,

Case No.: 18-cv-548-WQH-JLB
Plaintiff,

11
12

v.

13

ORDER

ROBERT BROWN, et al.,
Defendant.

14
15

HAYES, Judge:

16
17
18

The matter before the Court is the Report and Recommendation issued by the United
States Magistrate Judge. (ECF No. 36).
I.

19
20
21
22
23
24
25
26
27

Background
On October 19, 2018, Plaintiff filed the Motion to Strike Affirmative Defenses.

(ECF No. 27). On October 24, 2019, Defendants filed Opposition. (ECF No. 29). On
March 8, 2019, United States Magistrate Judge Jill L. Burkhardt issued the Report and
Recommendation, recommending that Plaintiff’s Motion to Strike be denied. (ECF No.
36). On March 28, 2019, Plaintiff filed objections to the Report and Recommendation.
(ECF No. 40).
II.

Legal Standard
The duties of the district court in connection with a report and recommendation of a

magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. §

28
1
18-cv-548-WQH-JLB

1

636(b). The district judge must “make a de novo determination of those portions of the

2

report . . . to which objection is made,” and “may accept, reject, or modify, in whole or in

3

part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b).

4
5

III.

Ruling of the Court

The Court has reviewed the briefing and Plaintiff’s objections to the Report and

6

Recommendation.

7

determined that Plaintiff’s Motion to Strike Affirmative Defenses should be denied. The

8

Court adopts the Report and Recommendation in its entirety.

9

IV.

The Court finds that the Report and Recommendation correctly

Conclusion

10

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 36) is

11

adopted in its entirety and the Motion to Strike Affirmative Defenses (ECF No. 27) is

12

DENIED.

13

Dated: May 20, 2019

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
18-cv-548-WQH-JLB