Byrd-Hunt

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KENNETH ST. SAUVER Case No.: 20cv584-JAH (MDD)

Plaintiff,

ORDER ADOPTING THE

v. MAGISTRATE JUDGE’S REPORT

AND RECOMMENDATION

BYRD-HUNT

REGARDING DEFENDANT’S

Defendant. MOTION TO DISMISS (ECF No. 28) 16 Pending before the Court is a Report and Recommendation (“Report”) submitted to this Court by the Honorable Mitchell D. Dembin, United States Magistrate Judge, recommending that the Court grant in part and deny in part Defendant’s motion for summary judgment. When reviewing a Magistrate Judge’s report and recommendation, the “district court must make a de novo determination of those portions of the report . . . to which objection is made, and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate.” Love v. Scribner, 691 F. Supp. 2d 1215, 1222 (S.D. Cal. 2010)1 (citing 28 U.S.C. § 636(b)(1)). “However,…