Yablonsky

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 John Henry YABLONSKY Case No.: 18cv1122-CAB-AGS

Plaintiff,

ORDER: (1) ADOPTING REPORT

v. AND RECOMMENDATION [Doc. No. 30]; GRANTING IN PART AND CALIFORNIA DEPARTMENT OF

DENYING IN PART MOTION TO

CORRECTION AND

DISMISS [Doc. No. 17]; and

REHABILITATION,

GRANTING MOTION TO AMEND

16 Defendants. THE COMPLAINT [Doc. No. 29]

18 On November 16, 2018, Defendants D. Powell, G. Martinez, J. Robles, D. 19 McGuire, R. Blahnik, and C. Tiscarnia (“Defendants”) filed a motion to dismiss the 20 complaint for failure to state a claim. [Doc. No. 17.] On December 27, 2018, Plaintiff 21 John Henry Yablonsky (“Plaintiff”) filed an opposition. [Doc. No. 21.] On February 19, 22 2019, Defendants filed a reply. [Doc. No. 22.] On February 28, 2019, Plaintiff filed a 23 sur-reply. [Doc. No. 23.] While the motion to dismiss was under submission, on August 24 12, 2019, Plaintiff filed a motion to amend the complaint. [Doc. No. 29.] On…