Gravesbey

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RODNEY ALEXANDER GRAVESBY Case No.: 19cv372-CAB-RBM

CDCR#E-20555

ORDER: (1) ADOPTING REPORT

Plaintiff, AND RECOMMENDATION [Doc. OFFICER TOMICA BYRD-HUNT; C/O No. 29]; (2) DENYING WITHOUT

PREJUDICE MOTION TO DISMISS

NAVARRO; OFFICER P. COVELLO, COUNT 3 OF COMPLAINT [12]; Defendants. 17 On June 27, 2019, Defendant Byrd-Hunt filed a motion to dismiss Count 3 of the original complaint. [Doc. No. 12.] On September 23, 2019, Magistrate Judge Ruth Bermudez Montenego prepared a Report and Recommendation (“Report”) recommending that the motion to dismiss Count 3 of the initial complaint be denied without prejudice. [Doc. No. 29.] The Report also ordered that any objections were to be filed by October 7, 2019. [Report at 8.] To date, no objection has been filed, nor have there been any requests for an extension of time in which to file an objection. A district court’s duties concerning a magistrate judge’s report and recommendation…