Brown

ORDER ACCEPTING FINAL REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the pleadings filed in support of and in opposition to Defendants’ Motion to Dismiss the Complaint, the records in the file, and the Final Report and Recommendation of the United States Magistrate Judge. The Court has read and considered the objections to the Final Report and adopts it as its own findings and conclusions.

The Court writes separately simply to note that in the context of a claim for retaliation in violation of the First Amendment, the law is somewhat unclear as to what extent the Plaintiff must allege a “chilling effect.” In Rhodes v. Robinson, 408 F.3d 559 , 562 n. 11 (9th Cir.2005), the Ninth Circuit suggested that an allegation of a chilling effect was not strictly required under all circumstances. The court said that if the plaintiff had not alleged a chilling effect (which he had), then “perhaps his allegations that he suffered harm would suffice, since harm that is more than minimal will almost always have a chilling effect.” Id. This language from the court’s decision…