Martinez Banos v. Asher et al

Filing 53

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS re 49 Report and Recommendations, 50 Objections to Report and Recommendation ; granting Defendants' 16 First Motion to Dismiss ; dismissing Mr. Martinez's claim s without prejudice and without leave to amend ; striking Defendants' 44 Second Motion to Dismiss without prejudice to renewing ; REFERRING case back to Magistrate Judge Tsuchida for further processings ; directing Clerk to update docket, signed by Judge James L. Robart. (SWT)

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