Purpura v. Does Members of the Inmate Classification Committee

Opinion

FRANK PURPURA, Case No.: 3:20-cv-01688-JAH-BGS

Plaintiff, ORDER ADOPTING THE v. MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION (ECF No. 25) OF THE INMATE CLASSIFICATION COMMITTEE, in their individual capacities, Defendant. Pending before the Court is a Report and Recommendation (“Report”) submitted to this Court by the Honorable Bernard G. Skomal, United States Magistrate Judge, recommending that the Court grant Defendants’ motion to dismiss. 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, in the absence of timely objection, the Court ‘need only satisfy itself that there is no clear error on the face of the record in order to accept the report and recommendation.’” Frando v. Gore, No. 21-CV- 1434 JLS (KSC), 2022 WL 772963, at *1 (S.D. Cal. Mar. 11, 2022) (citations omitted). Here, potential objections were due by August 12, 2022, and replies by August 24, }2022. (ECF No. 25). The parties were “advised that the failure to file objections within the specified time may waive the right to raise those objections on appeal of the Court’s order.” Jd. at 12-13 (citing Turner v. Duncan, 158 F 3d 449, 455 (9th Cir. 1998)). To date, no objections have been filed, and the time for doing so has since expired. The Court has reviewed the Report and finds that it is “thorough, well reasoned, and contains no clear lerror.” Frando, 2022 WL 772963, at *1. In light of the absence of any objections, and Judge Skomal’s well-reasoned analysis, Court ADOPTS the Report in its entirety and GRANTS Defendants’ motion to dismiss with leave to amend. Any subsequent amended complaint should be complete without reference to prior complaints. }DATED: August 16, 2022 JHON. JOHN A. HOUSTON / UNITED STATES DISTRICT JUDGE