Opinion
CASE NO. C18-5434 BHS-DWC
01-14-2019
CURLIN PENNICK III, Plaintiff, v. BARRY DEHAVEN, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable David W. Christel, United States Magistrate Judge. Dkt. 41. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Defendant's Motion to Dismiss, Dkt. 33, is DENIED;
(3) Plaintiff's claims may proceed on their merits; and
(4) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants, and to the Hon. David W. Christel.
Dated this 14th day of January, 2019.
/s/_________
BENJAMIN H. SETTLE
United States District Judge