Holestine
Holestine v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 ERNEST KELLY HOLESTINE, Case No.: 3:20-cv-0159-LAB-JLB
CDCR #J-01366,
ORDER:
Plaintiff, 12 vs. 1) ADOPTING REPORT AND 13 RECOMMENDATION [Dkt. 27]
2) GRANTING MOTION FOR LEAVE PATRICK COVELLO, et al., TO FILE FIRST AMENDED 15 Defendants. COMPLAINT [Dkt. 24]; and 3) DENYING MOTION TO DISMISS AS MOOT [Dkt. 19]
Ernest Kelly Holestine, currently incarcerated at Salinas Valley State Prison (“SVSP”) in Soledad, California, and proceeding pro se, filed a Motion for Leave to File a First Amended Complaint. Dkt. 24. No party opposed the Motion, and each Defendant served with the Motion filed a Joint Notice of Non-Opposition to it. No party timely objected to Magistrate Judge Burkhardt’s Report and Recommendation, Dkt. 27, that the Court grant that Motion and deny as moot Defendants’ pending Motion to Dismiss the initial complaint. Dkt. 19. Civil Rule 72(b) and 28 U.S.C. § 636 govern…