Jones v. Carraby ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JOSEPH JONES, Case No.: 18-cv-1609-AJB-WVG 12 Plaintiff, ORDER: 13 v. (1) ADOPTING THE REPORT AND 14 CARRABY, et al., RECOMMENDATION; AND 15 Defendants. (2) DENYING DEFENDANT DR. 16 FOYLE’S MOTION TO DISMISS 17 FIRST AMENDED COMPLAINT 18 19 (Doc. Nos. 28, 32) 20 Presently before the Court is Defendant Michael Foyle, O.D.’s motion to dismiss. 21 (Doc. No. 28.) The Court referred the matter to Magistrate Judge William V. Gallo for a 22 Report and Recommendation (“R&R”), which was issued on December 30, 2019. (Doc. 23 No. 32.) The R&R recommends that Defendant’s motion be denied. (Id. at 9.) The parties 24 were instructed to file written objections to the R&R by January 18, 2020, and a reply to 25 the objections no later than February 8, 2020. (Id. at 9–10.) 26 Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district 27 judge’s duties in connection with a magistrate judge’s R&R. The district judge must “make 28 1 de novo determination of those portions of the report . . . to which objection is made[,]” 2 “may accept, reject, or modify, in whole or in part, the findings or recommendations 3 made by the magistrate judge.” 28 U.S.C. § 636(b)(1); United States v. Remsing, 874 F.2d 4 ||614, 617 (9th Cir. 1989). However, in the absence of objection(s), the Court “need only 5 satisfy itself that there is no clear error on the face of the record in order to accept the 6 || recommendation.” Fed. R. Civ. P. 72(b) advisory committee note to the 1983 amendment; 7 || United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (th Cir. 2003). 8 Neither party has filed objections to Magistrate Judge Gallo’s R&R. Having 9 ||reviewed the R&R, the Court finds it thorough, well-reasoned, and contains no clear error. 10 || Accordingly, the Court hereby: (1) ADOPTS Magistrate Judge Gallo’s R&R in its entirety; 11 (2) DENIES Defendant’s motion to dismiss. 12 13 || IT IS SO ORDERED. 14 13 |! Dated: July 9, 2020 | | □□ rz Le 16 Hon, Anthony J.Battaglia 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28