Opinion
Case No. C17-1678 RSL-MAT
07-17-2018
JAMALL BAKER, Plaintiff, v. JERALD GRANT, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation;
(2) Defendants' motion to dismiss (Dkt. 18) is GRANTED, and plaintiff's amended complaint be dismissed without prejudice;
(3) Plaintiff's motion for leave to amend (Dkt. 24) is GRANTED in part and DENIED in part. Plaintiff may proceed with his First Amendment retaliation claims against Officers Grant and Neely and his Eighth Amendment claims against Officer Grant and Sergeant Clayton. All other claims and defendants are DISMISSED;
(4) Plaintiff's motion for a temporary restraining order and preliminary injunction (Dkt. 31) is DENIED;
(5) This matter is RE-REFERRED to Judge Theiler for further proceedings; and
(6) The Clerk is directed to send copies of this Order to the parties and to Judge Theiler.
Dated this 17th day of July, 2018.
/s/_________
ROBERT S. LASNIK
United States District Judge