Teahan

ORDER (1) ADOPTING IN PART AND MODIFYING IN PART REPORT AND RECOMMENDATION AND (2) GRANTING DEFENDANTS’ MOTION TO DISMISS IN ITS ENTIRETY

This case is before the court on the issuance of a Report and Recommendation (“R & R”) by the Honorable Peter C. Lewis, United States Magistrate Judge. The R & R recommends that Defendants’ motion to dismiss be granted in part and denied in part. The parties have filed timely objections. After conducting a de novo review of those portions to which the parties object, the court hereby sustains Defendants’ objections in their entirety and overrules Plaintiffs objections in their entirety. Accordingly, the R & R is ADOPTED IN PART and MODIFIED IN PART as set forth below.

1. BACKGROUND

Plaintiff, a state prisoner incarcerated at Centinela State Prison and proceeding pro se, has filed this § 1988 action challenging conditions of his confinement. Defendants are Correctional Sergeant Wilhelm and Correctional Lieutenant Caldwell (the “Defendants”), who are sued in both their individual and official capacities. Comp, at 2. Plaintiff alleges claims arising under the First Amendment and the Fourteenth Amendment’s Due Process Clause. ' Plaintiff seeks…