Opinion
No. C09-5489 RJB/KLS.
March 2, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen L. Strombom, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
1) The Court ADOPTS the Report and Recommendation (Dkt. 21).
2) Defendants' motion to dismiss (Dkt. 14) is GRANTED as to Defendants Napolitano and Holder because the only relief sought against Defendants Napolitano and Holder is for injunctive relief. They are dismissed from this lawsuit.
3) Defendants' motion to dismiss based on failure to comply with all requirements of the Federal Tort Claim Act (Dkt. 14) is DENIED.
4) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendant and to the Hon. Karen L. Strombom.