Buckelew

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DION SCOTT BUCKELEW, Case No.: 21cv810-LL-NLS

Plaintiff,

ORDER MODIFYING IN PART AND

v. ADOPTING IN PART THE

MAGISTRATE JUDGE’S REPORT

WILLIAM D. GORE; CAPTAIN

AND RECOMMENDATION

BUCHANAN; CAPTAIN HAYES,

15 Defendants. [ECF No. 35] 16 17 This matter is before the Court on the Report and Recommendation issued by the Magistrate Judge [ECF No. 35], recommending that the Court grant in-part and deny in- part Defendant Gore’s Motion to Dismiss Plaintiff’s first amended complaint (“FAC”) [ECF No. 7], deny the Motion to Quash and Dismiss filed by specially appearing defendants erroneously listed as Captain Buchanan and Captain Hayes [ECF No. 9], and deny Plaintiff’s Motion for Summary Judgment [ECF No. 11]. I. BACKGROUND Plaintiff Dion Scott Buckelew, a prisoner proceeding pro se and in forma pauperis, filed this action bringing claims under the Religious Land Use and Institutionalized Persons Act of…