Manisha L. Penesa v. California Institution for Women et al

Filing 75

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by District Judge Dolly M. Gee for Interim Report and Recommendation (Issued) 73 , NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint 49 . IT IS ORDERED that: (1) Defendants' Motion to Dismiss is GRANTED-IN-PART and Defendants Wamil, Lopez, Martel and Hughes are dismissed from this action with prejudice and without leave to amend; (2) Defendants' Motion to Dismiss is DENIED-IN-PART as to Plaintiff's claims against Defendant Reyes; and (3) Defendant Reyes shall file an Answer to the Eighth Amendment and Fourteenth Amendment claims against her within 14 days of the date of entry of this order. (see order for further details) (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MANISHA L. PENESA,
Plaintiff,

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v.

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Case No. EDCV 16-01878 DMG (RAO)

CALIFORNIA INSTITUTION FOR
WOMEN, et al.,

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ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

Defendants.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff’s Fourth
Amended Complaint, the Interim Report and Recommendation of United States
Magistrate Judge (“Interim Report”), Plaintiff’s Objections, and all other records
and files herein. Further, the Court has made a de novo determination of those
portions of the Interim Report to which objections have been made. The Court
hereby accepts and adopts the findings, conclusions, and recommendations of the
Magistrate Judge.

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Accordingly, IT IS ORDERED that:

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(1) Defendants’ Motion to Dismiss is GRANTED-IN-PART and Defendants

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Wamil, Lopez, Martel and Hughes are dismissed from this action with

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prejudice and without leave to amend;

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(2) Defendants’ Motion to Dismiss is DENIED-IN-PART as to Plaintiff’s

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claims against Defendant Reyes; and

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(3) Defendant Reyes shall file an Answer to the Eighth Amendment and

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Fourteenth Amendment claims against her within 14 days of the date of entry

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of this order.

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DATED: August 28, 2018

___________________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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