Opinion
CASE NO. C18-5236 BHS
01-23-2019
JASON LEE SUTTON, Plaintiff, v. BERNARD WARNER, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 48. 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) Plaintiff's motion for voluntary dismissal, Dkt. 46, is GRANTED;
(3) Defendants' motion for summary judgment, Dkt. 27, is DENIED as moot;
(4) Plaintiff's action is DISMISSED with prejudice; and
(5) Plaintiff's in forma pauperis status is REVOKED for the purposes of appeal.
Dated this 23rd day of January, 2019.
/s/_________
BENJAMIN H. SETTLE
United States District Judge