Himes

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 RODERICK HIMES, Case No.: 20cv726-JAH

Plaintiff,

ORDER ADOPTING THE

v. MAGISTRATE JUDGE’S REPORT

AND RECOMMENDATION (ECF

A. TAYLOR GARCIA,

NO. 23) TO DISMISS THE FIRST

Defendant. AMENDED COMPLAINT

WITHOUT PREJUDICE (ECF NO. 8)

15

INTRODUCTION Pending before the Court is a Report and Recommendation (“Report”) submitted to this Court by the Honorable Bernard G. Skomal, United States Magistrate Judge, recommending dismissal of Plaintiff Roderick Himes’ (“Plaintiff”) First Amended Complaint without prejudice. No timely objections or replies were filed in response to the Report. After careful consideration of the Report, pleadings, and relevant materials, and for the reasons set forth below, this Court ADOPTS Judge Skomal’s Report and DISMISSES the First Amended Complaint without prejudice. 25 26 27 28 …