Baker

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 19CV1438-AJB (BLM) TOMMIE LEE BAKER, III,

Plaintiff, REPORT AND RECOMMENDATION FOR

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

R. BATTAD AND O. ARIZAGA,

Defendants. [ECF No. 6] 16 17 18 19 This Report and Recommendation is submitted to United States District Judge Anthony J. Battaglia pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1(c) and 72.3(f) of the United States District Court for the Southern District of California. For the following reasons, the Court RECOMMENDS that Defendants’ motion to dismiss be GRANTED IN PART. PROCEDURAL BACKGROUND On July 31, 2019, Plaintiff Tommie Lee Baker, a state prisoner proceeding and , filed a complaint under the Civil Rights Act, U.S.C. § 1983, against Defendants R. Battad and O. Arizaga alleging claims under the First and Eighth Amendments. ECF No. 1…