Toscano

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ADRIAN TOSCANO, Case No.: 22-cv-0321-CAB-BGS

Plaintiff,

ORDER (1) ADOPTING REPORT

v. AND RECOMMENDATION; and (2)

DISMISSING CASE WITHOUT

SERGEANT RAMOS,

LEAVE TO AMEND

Defendant. [Doc. Nos. 20, 25]

17 Plaintiff Adrian Toscano (“Plaintiff”), a state prisoner proceeding pro se and in 18 forma pauperis, filed his Complaint on March 7, 2022, alleging Defendant Sergeant Ramos 19 and F. Guzman violated his rights under 42 U.S.C. § 1983. [Doc. No. 1]. On May 10, 2022, 20 this Court issued an order granting Plaintiff’s request to proceed in forma pauperis and 21 dismissing claims against Defendant F. Guzman. [Doc. No. 5]. On August 30, 2022, 22 Defendant Ramos filed a motion to dismiss Plaintiff’s complaint. [Doc. No. 10]. On 23 January 12, 2023, Magistrate Judge Skomal issued a Report and Recommendation with 24 regard to the motion to dismiss. [Doc. No. 14.] On March 30, 2023, this Court issued on 25 Order adopting in part the…