Scott

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. Section 636 , the Court has reviewed the Complaint and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, as well as the objections of defendants, and has made a de novo determination of the Report and Recommendation.

IT IS ORDERED that: (1) the Report and Recommendation is APPROVED and ADOPTED; (2) defendants’ motion to dismiss plaintiffs Bivens claims under the Eighth Amendment for deliberate indifference to his serious medical needs and under the Fifth Amendment for retaliatory transfer is DENIED; (3) defendants’ motion to dismiss plaintiffs claim under the Fourteenth Amendment for violation of personal security is GRANTED; and (4) judgment be entered dismissing the action as to defendants United States Department of Justice, the Federal Bureau of Prisons and United States Prison, Lompoc, California.

IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order and the Judgment of this date on all parties.

REPORT AND RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE

This report and recommendation is submitted…