Guthrey v. California Department of Corrections and Rehabilitation et al

Filing 17

ORDER on Defendant's 8 MOTION to DISMISS, signed by Judge Oliver W. Wanger on 4/12/2011. (Marrujo, C)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
BARBARA J. SEIDMAN, State Bar No. 137638
Supervising Deputy Attorney General
JEFFREY I. SCHWARZSCHILD
Deputy Attorney General
State Bar No. 192086
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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Case No. 1:10-cv-02177-OWW-GSA

RAYMOND GUTHREY,
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Plaintiff, ORDER ON DEFENDANTS’ MOTION
TO DISMISS

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v.
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Date:
Time:
Courtroom:
Judge:

March 28, 2011
10:00 a.m.
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The Honorable Oliver W.
Wanger
Trial Date: Not Set
Defendants. Action Filed: November 19, 2010

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, MICHAEL PATE,
JR., and DOES 1 THROUGH 25, Inclusive,

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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Defendants California Department of Corrections and Rehabilitation (CDCR or the

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Department) and Michael Pate, Jr.’s Motion to Dismiss came before this Court for hearing on

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March 28, 2011. Shannon Seibert appeared as attorney for Plaintiff Raymond Guthrey, and

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Jeffrey I. Schwarzschild appeared on behalf of Defendants CDCR and Pate.

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After considering the moving, opposition, and reply papers, arguments of counsel, and all
other matters presented, and for the reasons set forth in the attached March 29, 2011
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Order on Defendants’ Motion to Dismiss (1:10-cv-02177-OWW-GSA)

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Memorandum Decision Regarding Motion to Dismiss (Doc. 8), IT IS HEREBY ORDERED

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THAT the Motion to Dismiss is GRANTED in part and DENIED in part as follows:

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1) Plaintiff’s first, second, third, and fifth causes of action are DISMISSED, without
prejudice;
2) Plaintiff’s sixth, seventh, and eighth causes of action are DISMISSED WITH
PREJUDICE;
3) Defendant CDCR is DISMISSED WITH PREJUDICE from Plaintiff’s fourth cause of
action; and,
4) Plaintiff shall submit an amended complaint within 20 days of March 29, 2011;
Defendants shall file a responsive pleading within 30 days of service of any amended complaint.

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IT IS SO ORDERED.

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DATED:

April 12, 2011

/s/ OLIVER W. WANGER
United States District Judge

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Order on Defendants’ Motion to Dismiss (1:10-cv-02177-OWW-GSA)

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