Himes

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RODERICK HIMES Case No.: 19cv2216-JAH (MSB)

Plaintiff,

ORDER ADOPTING THE

v. MAGISTRATE JUDGE’S REPORT

AND RECOMMENDATION

FABRICE HADJADJ

REGARDING DEFENDANT’S

Defendant. MOTION TO DISMISS [DOC NO. 14] 16 For the reasons set forth below, this Court ADOPTS the Report and Recommendations [Doc. No. 14] (“Report”). Defendant’s Motion to Dismiss [Doc. No. 11] (“Motion”) is hereby GRANTED with leave to amend. BACKGROUND On November 21, 2019, Plaintiff Roderick Himes, a state prisoner proceeding pro se and in forma pauperis (“Plaintiff”), filed a civil rights Complaint against Defendant Fabrice Hadjadj, Jewish Chaplain at Richard J. Donovan Correctional Facility (“Defendant”), alleging Defendant removed him from the inmate Kosher Diet Program (“KDP”), violating his First Amendment right to free exercise his Jewish Religion.…