Holestine

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ERNEST KELLY HOLESTINE, Case No.: 20-cv-00159-LAB (JLB)

Plaintiff,

REPORT AND

v. RECOMMENDATION RE: (1)

DEFENDANTS’ MOTION TO

P. COVELLO, et al.,

DISMISS COMPLAINT; AND (2)

Defendants. PLAINTIFF’S MOTION FOR

LEAVE TO FILE A FIRST

AMENDED COMPLAINT

17 [ECF Nos. 19, 24] 18 19 20 Before the Court is Defendants’ Motion to Dismiss the Complaint (ECF No. 19) and Plaintiff’s Motion for Leave to File a First Amended Complaint (ECF No. 24). The Court submits this Report and Recommendation to United States District Judge Larry Alan Burns pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.3 of the Local Rules of Practice for the United States District Court for the Southern District of California. Upon review of the filings, the Court RECOMMENDS that the District Court GRANT Plaintiff’s Motion for Leave to File a First Amended Complaint (ECF No. 24) and DENY AS MOOT Defendants’ Motion to Dismiss…