Newton

UNITED STATES DISTRICT COURT

7 SOUTHERN DISTRICT OF CALIFORNIA

THEODORE J. NEWTON, CASE NO. 21cv15-LAB (KSC)

Plaintiff,

ORDER ADOPTING REPORT AND

vs. RECOMMENDATION [Dkt. 22]

OFFICER S. EATMON,

Defendant.

Theodore Newton, a state prison inmate proceeding pro se, brought this Section 1983 action alleging that he was assaulted by Defendant, Officer S. Eatmon. Eatmon moved to dismiss the Complaint in part under Fed. R. Civ. P. 12(b)(6) on the ground that it includes damages claims against Eatmon in his official capacity, claims that would violate the Eleventh Amendment. (Dkt. 16). The Motion was referred to Magistrate Judge Crawford for a Report and Recommendation pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72(b). Currently before the Court is Magistrate Judge Crawford’s Report and Recommendation (“R&R”), which recommends that Eatmon’s Motion to Dismiss be denied as moot and that Eatmon be directed to respond to Newton’s First Amended Complaint within 30 days of the Court’s order…