Purpura v. Does Members of the Inmate Classification Committee

[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA [10] 11 FRANK PURPURA, Case No.: 3:20-cv-01688-JAH-BGS 12 Plaintiff, ORDER ADOPTING THE 13 v. MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION (ECF 14 R. CALVERT, AND DOES MEMBERS No. 25) OF THE INMATE CLASSIFICATION [15] COMMITTEE, in their individual 16 capacities, 17 Defendant. [18] 19 Pending before the Court is a Report and Recommendation (“Report”) submitted to 20 this Court by the Honorable Bernard G. Skomal, United States Magistrate Judge, 21 recommending that the Court grant Defendants’ motion to dismiss. 22 When reviewing a Magistrate Judge’s report and recommendation, the “district court 23 must make a de novo determination of those portions of the report . . . to which objection 24 is made, and may accept, reject, or modify in whole or in part, the findings or 25 recommendations made by the magistrate.” Love v. Scribner, 691 F. Supp. 2d 1215 , 1222 26 (S.D. Cal. 2010)1 (citing 28 U.S.C. § 636 (b)(1)). “However, in the absence of timely [28] 1 || objection, the Court ‘need only satisfy itself that there is no clear error on the face of the 2 ||record in order to accept the report and recommendation.’” Frando v. Gore, No. 21-CV3 || 1434 JLS (KSC), 2022 WL 772963 , at *1 (S.D. Cal. Mar. 11, 2022) (citations omitted). 4 Here, potential objections were due by August 12, 2022, and replies by August 24, 5 |}2022. (ECF No. 25). The parties were “advised that the failure to file objections within 6 || the specified time may waive the right to raise those objections on appeal of the Court’s 7 order.” Jd. at 12-13 (citing Turner v. Duncan, 158 F 3d 449, 455 (9th Cir. 1998)). To date, 8 ||no objections have been filed, and the time for doing so has since expired. The Court has 9 ||reviewed the Report and finds that it is “thorough, well reasoned, and contains no clear 10 |lerror.” Frando, 2022 WL 772963 , at *1. 11 In light of the absence of any objections, and Judge Skomal’s well-reasoned analysis, 12 Court ADOPTS the Report in its entirety and GRANTS Defendants’ motion to dismiss 13 || with leave to amend. Any subsequent amended complaint should be complete without 14 reference to prior complaints. [15] 16 IT IS SO ORDERED. [17] 18 |}DATED: August 16, 2022 19 JHON. JOHN A. HOUSTON 0 / UNITED STATES DISTRICT JUDGE