Opinion
Case No. 2:19-05718 CAS (ADS)
05-15-2020
MARCUS BEDFORD, JR., Plaintiff, v. CALIFORNIA DEPARMENT OF CORRECTIONS AND REHABILITATION, Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the records and files herein, including the Motion to Dismiss [Dkt. No. 8], Report and Recommendation of United States Magistrate Judge ("R&R"), dated March 25, 2020 [Dkt. No. 13], Plaintiff's Objections to the R&R ("Objections") [Dkt. No. 15], and Defendant's Opposition to Plaintiff's Objections [Dkt No. 16], and related documents.
After thorough analysis and consideration of these filings, and having performed a de novo review of those portions to which objections were made, the Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge. None of the Objections challenge the Magistrate Judge's finding that the Eleventh Amendment bars the federal claims asserted in this case against the California Department of Corrections and Rehabilitation ("CDCR"), as an arm of the State of California. See [Dkt. No. 13, pp. 3-4].
Accordingly, IT IS HEREBY ORDERED:
1. The United States Magistrate Judge's Report and Recommendation, [Dkt. No. 13], is accepted;DATED: May 15, 2020
2. Defendant's Motion to Dismiss [Dkt. No. 8] is granted;
3. The case is dismissed with prejudice, except as to the state law claims which are remanded to state court; and
4. Judgment is to be entered accordingly.
/s/_________
THE HONORABLE CHRISTINA A. SNYDER
United States District Judge