Steven D Irvin v. Leroy D Baca, et al

Filing 173

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Alicemarie H. Stotler, IT IS ORDERED: 1. that the Report and Recommendation of the United States Magistrate Judge be accepted; 2. that Defendants' motion for summary judgment (docket no. 142, fi led August 11, 2009) be granted in part and denied in part; 3. that summary judgment be granted, as to all claims in favor of Defendants Baca, Savidan, Martinez, Garcia, Schrader, Ryan, Sandowal, Fong, Hart and Morgan; 4. that summary judgment be den ied, without prejudice, with respect to Defendants Goff, Azteca, Villasenor, and Itani; 5. that summary judgment be denied, without prejudice, as to COAs 1 and 6, and granted as to all other claims, with respect to Defendants Franklin and Browne; and 6. that all claims against non-appearing Defendants Baker, Saleeby, Mushinskie, Naranjo, Suzuki, Bisaha, Kowlatschuk, Macias, Lomus, and Rodriguez be dismissed for failure to state a claim. Report and Recommendation (Issued) 172 (SEE ORDER FOR FURTHER DETAILS) (lmh)

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