Toscano

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 13 ADRIAN TOSCANO, Case No.: 22-cv-0321-CAB-BGS

Plaintiff,

ORDER (1) ADOPTING IN PART

v. AND REJECTING IN PART

REPORT AND

SERGEANT RAMOS, RECOMMENDATION; and (2) Defendant. DISMISSING CASE WITH LEAVE

TO AMEND

[Doc. Nos. 10, 14]

21 Plaintiff Adrian Toscano (“Plaintiff”), a state prisoner proceeding pro se and in 22 forma pauperis, filed his Complaint on March 7, 2022, alleging Defendant Sergeant Ramos 23 and F. Guzman violated his rights under 42 U.S.C. § 1983. [Doc. No. 1]. On May 10, 2022, 24 this Court issued an order granting Plaintiff’s request to proceed in forma pauperis and 25 dismissing claims against Defendant F. Guzman. [Doc. No. 5]. On August 30, 2022, 26 Defendant Ramos filed a motion to dismiss Plaintiff’s complaint and requested the Court 27 28 to take judicial notice of certain California state court records. [Doc. No. 10]. Plaintiff filed an opposition to…