Christopher Harbridge v. Arnold Schwartzenegger et al

Filing 106

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge George H Wu for Report and Recommendation (Issued) 101 , ORDER by Judge George H Wu,If Plaintiff wishes to pursue this action in this Court, he must file a second amended complaint within thirty days of the date this Order Adopting the Amended Report and Recommendation is filed. (sbu)

Christopher Harbridge v. Arnold Schwartzenegger et al

Doc. 106

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CHRISTOPHER HARBRIDGE, 16 17 18 19 21 22 23 24 25 26 27 28 v. Plaintiff, ) CV 07-4486-GW (SH) ) ) ) ORDER ADOPTING AMENDED ) REPORT AND RECOMMENDATION ) OF UNITED STATES ) MAGISTRATE JUDGE; and ) ORDER ) ) ) ) ) ) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION

ARNOLD SCHWARZENEGGER, 20 et al., Defendants.

Pursuant to 28 U.S.C. Section 636(b)(1)(c), the Court has reviewed the First Amended Complaint and other papers along with the attached Amended Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Amended Report and Recommendation. IT IS HEREBY ORDERED that: 1. The Amended Report and Recommendation is approved and
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3. 2.

adopted. The following claims are dismissed with leave to amend: (1) (2) (3) Claims 5, 7, 8, 9, (retaliation only); Claim 7 (Eighth Amendment conditions of confinement as to Defendants Dottaviano, Porter, and Baumgardner only); Claims 10 and 11 (theories of causation must be included in the substantive claims to which they relate; these should not be asserted as separate claims); (4) (5) (6) (1) (2) (3) Claim 15 (states a substantive retaliation claim, but dismissed with leave to amend as to custom and policy allegations); Claims 12 and 20 (must allege conduct by Reed with a causal connection to the alleged retaliation), and; Claim 23. Claims 5 and 8 (Eighth Amendment claims); Claims 5, 7, 8, 9, and 15 (due process claims), and; Claim 21 (theory of liability). The following claims are dismissed without leave to amend:

If Plaintiff wishes to pursue this action in this Court, he must file a second

19 amended complaint within thirty days of the date this Order Adopting the 20 Amended Report and Recommendation is filed. The amended complaint, 21 bearing the number CV 07-4486-GW (SH), must be a complete and independent 22 document and must not refer to prior pleadings. Plaintiff is cautioned that failure 23 to file a second amended complaint within the time specified by this Order may 24 result in dismissal of the action with prejudice on the grounds stated in the 25 Amended Report and Recommendation of the United States Magistrate Judge 26 and/or for failure to prosecute. 27 In preparing a second amended complaint, Plaintiff must bear in mind the 28 deficiencies of the current pleading, and must assure that they are not repeated.
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1 Plaintiff must take particular note of the following guidelines: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 DATED: July 20, 2010 23 24 25 26 27 28
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1. 2.

Plaintiff must set forth the jurisdictional grounds for his claims at the outset of the complaint. The complaint must include only factual allegations directly relevant to Plaintiff's claims, which must be stated in separate, numbered paragraphs (preferably in chronological order), each limited to a single set of circumstances. The facts should be stated in simple, complete sentences. Repetition is to be avoided.

3.

The complaint must clearly identify the specific acts on which each claim is based. Insofar as possible, the allegations should include the date, time, place and circumstances of the offending conduct by each defendant, a clear statement of what each defendant did or failed to do, and the damage of injury suffered by Plaintiff as a result of each defendant's conduct.

4.

If civil rights violations are claimed, the complaint must specifically set forth the federal constitutional right or rights infringed with respect to each alleged wrongful act or omission.

IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of

20 this Order on Plaintiff.

_______________________________ GEORGE H. WU UNITED STATES DISTRICT JUDGE