James

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KYLE ROBERT JAMES, Case No.: 16-cv-01592-AJB (JLB), consolidated with 17-cv-00859-AJB Plaintiff, (MDD) v.

ORDER:

BARBARA LEE, et al.,

Defendants. (1) ADOPTING THE REPORT AND RECOMMENDATION (Doc. 16 No. 159); AND 17 (2) GRANTING DEFENDANT’S 18 MOTION TO DISMISS, (Doc. No. 144) Presently before the Court is Defendant Mark Kania’s (“Defendant”) motion to dismiss the Fifth Amended Complaint. (Doc. No. 144.) The Court referred this matter to Magistrate Judge Jill L. Burkhardt for a Report and Recommendation (the “R&R”), which was issued on August 1, 2020. (Doc. No. 159.) The R&R recommends that the Court: (1) grant in part and deny in part Defendant’s motion to dismiss; (2) grant Defendant’s motion to dismiss Plaintiff’s claims against Defendant in his official capacity; (3) grant Defendant’s motion to dismiss Plaintiff’s deliberate indifference to serious medical needs claim on the…