Giurbino

ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING WITHOUT PREJUDICE MOTION TO DISMISS [doc. # 18]; and GRANTING LEAVE TO AMEND

Plaintiff Floyd H. Nelson, a California state proceeding pro se, filed this action under 42 U.S.C. § 1983 . Plaintiff alleges his First Amendment rights under the United States Constitution were violated by denying him access to internet generated legal materials and by thereafter denying his appeals regarding the alleged constitutional violations while he was incarcerated at Pelican Bay State Prison. The Honorable Anthony J. Battaglia issued a Report and Recommendation (“Report”) in accordance with 28 U.S.C. § 636 (b)(1) recommending defendants’ motion to dismiss the complaint be granted. Neither party filed objections to the Report notwithstanding having the opportunity to do so.

The district court’s role in reviewing a Magistrate Judge’s report and recommendation is set forth in 28 U.S.C. § 636 (b)(1). Under this statute, the district court “shall make a de novo determination of those portions of the report ... to which objection is made,” and “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate…