Kennedy v. Gonzalez et al

Filing 35

ORDER ADOPTING 32 FINDINGS AND RECOMMENDATIONS, and DENYING Defendants' 22 Motion to Strike/Dismiss, signed by Chief Judge Anthony W. Ishii on 2/13/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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THOMAS BLAKE KENNEDY,

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Plaintiff,

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CASE NO. 1:09-cv-01161-AWI-SKO PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DENYING
DEFENDANTS’ MOTION TO STRIKE
AND/OR DISMISS

v.
F. GONZALEZ, et al.,

(Docs. 22 and 32)
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Defendants.
/

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Plaintiff Thomas Blake Kennedy, a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 6, 2009. The matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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This action is proceeding on Plaintiff’s Eighth Amendment claim against Defendants Cate

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and Gonzalez arising out of policies and practices that led to the long term denial of outdoor exercise

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while Plaintiff was housed at the California Correctional Institution. On August 4, 2011, Defendants

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filed both an answer and a motion to strike and/or dismiss Plaintiff’s injunctive relief claim and

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official capacity claims. Fed. R. Civ. P. 12(b)(6), (f). On August 12, 2011, the Magistrate Judge

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filed a Findings and Recommendations recommending that Defendants’ motion be denied. The

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parties were given twenty days within which to file objections, but no objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings

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and Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed on December 8, 2011, is adopted in full;
and

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Defendants’ motion to strike and/or dismiss, filed on August 4, 2011, is DENIED.

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IT IS SO ORDERED.

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Dated:
0m8i78

February 13, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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