1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 Michael Andrew PARIS, Case No.: 22-cv-0565-AGS-AHG 4 Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION AND 5 v. GRANTING MOTION TO DISMISS 6 Marcus POLLARD, (ECF 8) WITH LEAVE TO AMEND 7 Defendant. 8 9 On July 27, 2023, the magistrate judge issued a report and recommendation, urging 10 this Court to grant defendant’s motion to dismiss with leave to amend and giving plaintiff 11 Michael Andrew Paris 14 days to object. (See ECF 13, at 12–13.) To date, Paris has not 12 objected. The district judge “must review the magistrate judge’s findings and 13 recommendations de novo if objection is made, but not otherwise.” United States v. Reyna- 14 Tapia,

(9th Cir. 2003) (citing

(b)). Having reviewed 15 the report and recommendation, the Court finds it well reasoned and without any clear 16 error. So, the Court adopts the magistrate judge’s recommendation: 17 1. Defendant’s motion to dismiss (ECF 8) is GRANTED with leave to amend. The 18 Clerk is directed to close this case. 19 2. By September 29, 2023, plaintiff may AMEND his complaint to address the 20 issues identified in the magistrate judge’s report and recommendation. Plaintiff 21 may only amend his complaint to address those issues. Should a timely first 22 amended complaint be filed, the Clerk is directed to reopen this case. 23 3. Plaintiff’s first amended complaint must be complete, without reference to his 24 original pleading. Defendants not named and any claims not re-alleged in the 25 amended complaint will be considered waived. See Civ.L.R. 15.1. 26 27 28 1 4. The Clerk is directed to serve a copy of the magistrate judge’s report and 2 recommendation (ECF 13) along with this Order. 3 Dated: August 29, 2023

5 Andrew G. Schopler United States District Judge

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