Opinion
5:20-cv-01187-FLA (JCx)
12-21-2021
YSIDRO HERNANDEZ, Plaintiff, v. CDCR, et al., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
FERNANDO L. AENLLE ROCHA, UNITED STATES DISTRICT JUDGE.
The court has conducted the review required by 28 U.S.C. § 636 and accepts the findings, conclusions, and recommendations of the Magistrate Judge reflected in the October 28, 2021 Report and Recommendation. See Dkt. 46.
IT IS HEREBY ORDERED:
1. Plaintiff's request to withdraw his Fourteenth Amendment claim is GRANTED and such claim is dismissed.
2. Defendant's Motion to Dismiss is DENIED.
3. Defendant shall file an Answer to the remainder of the Second Amended Complaint within fourteen (14) days of the entry of this Order.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order on Plaintiff and counsel for Defendant.
IT IS SO ORDERED.