CASE NO. 3:19-cv-05330-RJB-JRC
REPORT AND RECOMMENDATION
The District Court has referred this 42 U.S.C. §1983 civil rights action to the undersigned Magistrate Judge. The parties filed a stipulated partial motion to dismiss plaintiff's legal access and property claims. Dkt. 53. The stipulated motion did not state whether the dismissal was with or without prejudice. See Dkts. 53; 56. The Court requested a supplemental memorandum to clarify whether the dismissal should be with or without prejudice. Dkt. 56. Defendants filed a supplemental memorandum conceding that dismissal of plaintiff's legal access and property claims without prejudice is most appropriate in this matter. Dkt. 57. Plaintiff did not file a supplemental memorandum of his own or any additional briefing. See Dkt. The parties stipulate that this matter continues as to plaintiff's Eighth Amendment and Americans with Disabilities Act ("ADA") claims. Dkt. 53.
Accordingly, the Court recommends dismissing plaintiff's legal access and property claims without prejudice. The Court has not set a noting date because the parties have stipulated to dismissal. The Court recommends entry of the order dismissing the action when the District Court receives this Report and Recommendation.
Dated this 25th day of November, 2019.
J. Richard Creatura
United States Magistrate Judge