Opinion
3:20-cv-01688-JAH-BGS
08-16-2022
FRANK PURPURA, Plaintiff, v. R. CALVERT, AND DOES MEMBERS OF THE INMATE CLASSIFICATION COMMITTEE, in their individual capacities, Defendant.
ORDER ADOPTING THE
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF No. 25)
JOHN A. HOUSTON, UNITED STATES DISTRICT JUDGE
Pending before the Court is a Report and Recommendation (“Report”) submitted to this Court by the Honorable Bernard G. Skomal, United States Magistrate Judge, recommending that the Court grant Defendants' motion to dismiss.
When reviewing a Magistrate Judge's report and recommendation, the “district court must make a de novo determination of those portions of the report . . . to which objection is made, and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate.” Love v. Scribner, 691 F.Supp.2d 1215, 1222 (S.D. Cal. 2010) (citing 28 U.S.C. § 636(b)(1)). “However, in the absence of timely objection, the Court ‘need only satisfy itself that there is no clear error on the face of the record in order to accept the report and recommendation.'” Frando v. Gore, No. 21-CV-1434 JLS (KSC), 2022 WL 772963, at *1 (S.D. Cal. Mar. 11, 2022) (citations omitted).
aff'd sub nom. Love v. Cate, 449 Fed.Appx. 570 (9th Cir. 2011).
Here, potential objections were due by August 12, 2022, and replies by August 24, 2022. (ECF No. 25). The parties were “advised that the failure to file objections within the specified time may waive the right to raise those objections on appeal of the Court's order.” Id. at 12-13 (citing Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998)). To date, no objections have been filed, and the time for doing so has since expired. The Court has reviewed the Report and finds that it is “thorough, well reasoned, and contains no clear error.” Frando, 2022 WL 772963, at *1.
In light of the absence of any objections, and Judge Skomal's well-reasoned analysis, the Court ADOPTS the Report in its entirety and GRANTS Defendants' motion to dismiss with leave to amend. Any subsequent amended complaint should be complete without reference to prior complaints.
IT IS SO ORDERED.