Easter

ORDER ADOPTING REPORT AND RECOMMENDATION; ORDER GRANTING IN PART MOTION TO DISMISS; AND ORDER DISMISSING CLAIMS

On March 18, 2009, Plaintiff, a prisoner proceeding pro se, filed his complaint seeking damages pursuant to 42 U.S.C. § 1983 . Plaintiff was attacked by a group of fellow inmates and attacked a second time after, he alleges, Defendants failed to protect him. This suit is a continuation of an earlier suit that was dismissed to permit Plaintiff to exhaust is administrative remedies.

Defendants then moved to dismiss all claims except Petitioner’s Eighth Amendment claim based on Defendants’ alleged deliberate indifference to Plaintiffs safety. This matter was referred to Magistrate Judge Ruben Brooks for a report and recommendation pursuant to pursuant to 28 U.S.C. § 636 and Civil Local Rule 72.1(d). Following extensions of time to allow for briefing, Judge Brooks issued his report and recommendation (the “R & R”). The R & R permitted any party to file and serve written objections no later than February 26, 2010. Objections have not been received from either party.

A district judge “may accept, reject, or modify the recommended decision” on a dispositive matter prepared…