Cooper v. Cate et al
Filing
17
ORDER Granting 11 Motion to Dismiss; Plaintiff must File an Amended Complaint within Twenty-Eight Days of the Filing of this Order signed by Chief Judge Anthony W. Ishii on 11/17/2010. Amended Complaint due by 12/20/2010. (Flores, E)
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Cooper v. Cate et al
Doc. 17
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants have filed a motion to dismiss pursuant to Fed. Rule Civ. Proc. 12(b)(1) and (6); a motion for a more definite statement pursuant to Fed. Rule Civ. Proc. 12(e); and a motion to strike pursuant to Fed. Rule Civ. Proc. 12(f). Doc. 11. Plaintiff filed a notice of nonopposition, acknowledging jurisdictional problems, and seeking leave to file an amended complaint. Doc. 14. The matter was taken under submission without benefit of oral argument. In key part, there are concerns about administrative exhaustion and sovereign immunity. The prosecution of this case would be aided by the resolution of these questions. IT IS ORDERED, that Defendants' motion to dismiss is GRANTED. Plaintiff's claims 1 ZEARLEAN COOPER, ) ) Plaintiff, ) ) v. ) ) MATTHEW CATE, Secretary of the ) California Department of Corrections & ) Rehabilitation; THE CALIFORNIA ) DEPARMENT OF CORRECTIONS & ) REHABILITATION; MARY ) LATTIMORE, Warden, Central ) California Women's facility; MICHAEL ) TANN, Associate Warden Central ) California Women's Facility; and ) CAPTAIN FRANK SANDERS, JR, ) Custody Captain Central California ) Women's Facility, ) ) Defendants. ) ____________________________________ ) 1:10-CV-00899 AWI DLB ORDER RE: MOTION TO DISMISS, MOTION FOR MORE DEFINITE STATEMENT, AND MOTION TO STRIKE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
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are DISMISSED without prejudice and Plaintiff is given leave to amend. Plaintiff must file an amended complaint within twenty-eight (28) days of the filing of this order.
IT IS SO ORDERED. Dated: 0m8i78 November 17, 2010 CHIEF UNITED STATES DISTRICT JUDGE
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