Opinion
Case No. C11-5325-JLR-BAT.
September 7, 2011
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS
The Court, after careful consideration of plaintiff's complaint, defendant's motion to dismiss, the parties' briefs, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Defendant's motion to dismiss (Dkt. 11) is GRANTED as to plaintiff's claims under 42 U.S.C. § 405(g) and DENIED as to plaintiff's constitutional claim.
(3) Defendant is directed to file an answer to plaintiff's constitutional claim.
The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.