Opinion
CV 23-2268-SSS(E)
07-31-2024
HAROLD PHILLIPS, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
SUNSHINE SUZANNE SYKES, UNITED STATES DISTRICT JUDGE.
Pursuant to 28 U.S.C. section 636, the Court has reviewed the Complaint, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which any objections have been made. The Court accepts and adopts the Magistrate Judge's Report and Recommendation.
IT IS ORDERED that: (1) Defendants' Motion to Dismiss the First Amended Complaint is granted; (2) the First Amended Complaint and the action are dismissed without leave to amend and with prejudice; and (3) Judgment shall be entered accordingly.
IT IS FURTHER ORDERED that the Clerk serve forthwith a copy of this Order on Plaintiff and on counsel for Defendants.