Opinion
CASE NO. C08-0642-RAJ.
April 13, 2009
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT AND DISMISSING ACTION WITHOUT PREJUDICE
The Court, having reviewed plaintiff's amended civil rights complaint, defendant Holly's motion to dismiss, plaintiff's responses thereto, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, Plaintiff's objections thereto, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Defendant Holly's motion to dismiss (Dkt. No. 26) is GRANTED.
(3) Plaintiff's amended complaint and this action are DISMISSED without prejudice.
(4) The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendant, and to the Honorable James P. Donohue.