Filed: Feb. 03, 2020
Latest Update: Feb. 03, 2020
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) DENYING DEFENDANT'S MOTION TO DISMISS DANA M. SABRAW , District Judge . On July 23, 2018, Plaintiff Paul Anthony Lynch, a state prisoner proceeding pro se, filed a Complaint under the Civil Rights Act, 42 U.S.C. 1983. Plaintiff alleges her constitutional rights were violated on August 8, 2017 at her private residence in San Diego, California. On August 29, Defendant James Burnett filed a motion to dismiss Plaintiff's Second Amended Com
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) DENYING DEFENDANT'S MOTION TO DISMISS DANA M. SABRAW , District Judge . On July 23, 2018, Plaintiff Paul Anthony Lynch, a state prisoner proceeding pro se, filed a Complaint under the Civil Rights Act, 42 U.S.C. 1983. Plaintiff alleges her constitutional rights were violated on August 8, 2017 at her private residence in San Diego, California. On August 29, Defendant James Burnett filed a motion to dismiss Plaintiff's Second Amended Comp..
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ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) DENYING DEFENDANT'S MOTION TO DISMISS
DANA M. SABRAW, District Judge.
On July 23, 2018, Plaintiff Paul Anthony Lynch, a state prisoner proceeding pro se, filed a Complaint under the Civil Rights Act, 42 U.S.C. § 1983. Plaintiff alleges her constitutional rights were violated on August 8, 2017 at her private residence in San Diego, California.
On August 29, Defendant James Burnett filed a motion to dismiss Plaintiff's Second Amended Complaint. Plaintiff submitted an opposition to the motion, and Defendant filed a reply.
On October 29, 2019, Magistrate Judge Jill. L. Burkhardt issued a Report and Recommendation ("R&R") on the motion to dismiss, recommending that it be denied. Plaintiff filed an objection to the R&R, but it was not timely. Defendant did not file an objection.
This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the R&R in its entirety and denies Defendant's motion to dismiss.
IT IS SO ORDERED.
