Yablonsky
Yablonsky v. California Department of Correction & Rehabilitation
Opinion
Trial Court Opinion
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. 39]; and (2) GRANTING IN PART CALIFORNIA DEPARTMENT OF
AND DENYING IN PART MOTION
CORRECTION AND
TO DISMISS [Doc. No. 33]
REHABILITATION,
16 Defendants.
18 On October 7, 2019, Defendants D. Powell, G. Martinez, J. Robles, D. McGuire, 19 R. Blahnik, and C. Tiscarnia (“Defendants”) filed a motion to dismiss Plaintiff’s First 20 Amended Complaint. [Doc. No. 39.] On November 5, 2019, Plaintiff John Henry 21 Yablonsky (“Plaintiff”) filed an opposition. [Doc. No. 35.] On December 13, 2019, 22 Defendants filed a reply. [Doc. No. 36.] On December 31, 2019, Plaintiff filed a sur- 23 reply. [Doc. No. 38.] On June 2, 2020, Magistrate Judge Andrew G. Schopler prepared a 24 Report and Recommendation (“Report”) recommending that the motion to dismiss be 25 granted in part and denied in part. [Doc. No. 39.]…