Baker

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TOMMIE LEE BAKER, III, Case No.: 19-CV-1438-AJB (BLM)

Plaintiff,

ORDER:

v. (1) ADOPTING THE REPORT R. BATTAD AND O. ARIZAGA, AND RECOMMENDATION (Doc. Defendants. No. 13); AND

16 (2) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS (Doc. No. 6) 18 Presently before the Court is Defendants’ motion to dismiss for failure to exhaust administrative remedies, or in the alternative, motion to dismiss for failure to state a claim. (Doc. No. 6.) The Court referred this matter to Magistrate Judge Barbara Lynn Major for a Report and Recommendation (the “R&R”), which was issued on January 30, 2020. (Doc. No. 13.) The Magistrate Judge recommends that Defendants’ motion to dismiss be granted in part. (Id. at 1.) The parties were instructed to file written objections to the R&R by February 26, 2020, and replies by March 18, 2020. (Id. at 12–13.) Federal Rule of Civil Procedure 72(b) and 28…