Dragasits

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHEN DRAGASITS, Case No.: 3:18-cv-00512-WQH-AGS

ORDER

Plaintiff, 13 v.

T. RUCKER, et al.,

16 Defendants. 17 HAYES, Judge: 18 The matters before the Court are the Motion to Dismiss filed by Defendants T. 19 Rucker., L. Marshall, and I. Figueroa (ECF No. 29); the Motion for leave to Amend 20 Complaint filed by Plaintiff (ECF No. 38); and the Report and Recommendation issued by 21 the Magistrate Judge (ECF No. 39). 22 The duties of the district court in connection with a report and recommendation of a 23 magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 24 636(b). The district judge must “make a de novo determination of those portions of the 25 report . . . to which objection is made,” and “may accept, reject, or modify, in whole or in 26 part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b). The 27 district court need not review de novo those portions of a Report and Recommendation to 28 || which neither party objects. See Wang v. Masaitis, 416…