Blair v. CDCR et al

Filing 55

ORDER Adopting 52 FINDINGS AND RECOMMENDATIONS, GRANTING IN PART and DENYING IN PART Defendants' 32 Motion to Dismiss signed by Chief Judge Lawrence J. O'Neill on 9/28/2016. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PERRY C. BLAIR,

12

Plaintiff,

13
14

v.
CDCR, et al.,

15

Defendants.

16

Case No.: 1:14-cv-01156-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING IN PART
AND DENYING IN PART DEFENDANTS’
MOTION TO DISMISS
[ECF Nos. 31, 32, 38, 52]

Plaintiff Perry C. Blair is appearing pro se and in forma pauperis in this civil rights action

17
18

)
)
)
)
)
)
)
)
)
)

pursuant to 42 U.S.C. § 1983.

19

The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

20

636(b)(1)(B) and Local Rule 302. On July 15, 2016, the Magistrate Judge filed a Findings and

21

Recommendations which was served on the parties and contained notice that objections were to be

22

filed within thirty days. Plaintiff filed objections on August 12, 2016, and Defendants filed objections

23

on August 15, 2016.

24

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

25

novo review of this case. Having carefully reviewed the entire file, including the objections, the Court

26

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

27

///

28

///
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed on July 15, 2016, are adopted in full; and

3

2.

Defendants’ motion to dismiss Plaintiff’s request for injunctive relief and official-

4

capacity claims for monetary damages is GRANTED and these claims are DISMISSED

5

from the action, with prejudice;
3.

6

Defendants’ motion to dismiss certain claims for failure to state a cognizable claim for
relief is DENIED;

7
4.

8

Plaintiff’s motion to amend and/or supplement the second amended complaint is
GRANTED to the cure the Federal Rule of Civil Procedure 20 defect only;

9
5.

10

Defendants’ motion to sever Plaintiff’s medical claim against Defendants Does Three,
Four, Five and Six is DENIED, without prejudice;

11
6.

12

The Clerk of Court is directed to file and docket Plaintiff’s third amended complaint,
attached to his objections at pages 19 through 82 (ECF No. 53)1; and

13
7.

14

The matter is referred back to the magistrate judge for further proceedings, including
screening of the third amended complaint pursuant to 28 U.S.C. § 1915A.

15
16
17

IT IS SO ORDERED.

18

Dated:

/s/ Lawrence J. O’Neill _____

September 28, 2016

UNITED STATES CHIEF DISTRICT JUDGE

19
20
21
22
23
24
25
26
27

1

References to page numbers are to the Court’s Electronic Case File pagination headers.

28
2