York v. Beard et al

Filing 20

ORDER Substituting C. Pfeiffer For D. Davey And S. Rimbach For T.S. Arlitz (Docs. 12 and 18 ), signed by District Judge Lawrence J. O'Neill on 10/2/2015. C. Pfeiffer and S. Rimbach added. T. S. Arlitz and D Davey terminated. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,
Plaintiff,

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v.

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JEFFREY BEARD, et al.,

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Case No. 1:14-cv-01234-LJO-SKO (PC)
ORDER SUBSTITUTING C. PFEIFFER FOR
D. DAVEY AND S. RIMBACH FOR T. S.
ARLITZ
(Docs. 12 and 18)

Defendants.
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Pursuant to the order filed on July 27, 2015, this action is proceeding against Defendants

17 M. D. Biter, D. Davey, and T. S. Artliz in their official capacities for violating Plaintiff’s rights
18 under 42 U.S.C. § 12132 (Title II of the Americans with Disabilities Act). On September 28,
19 2015, Plaintiff filed a motion in which he stated that C. Pfeiffer has replaced D. Davey as Chief
20 Deputy Warden and S. Rimbach has replaced T. S. Artliz as Associate Warden. Official capacity
21 claims cannot be brought against former state officials. Rounds v. Oregon State Bd. of Higher
22 Educ., 166 F.3d 1032, 1036 n.2 (9th Cir. 1999).

Therefore, C. Pfeiffer is ORDERED

23 SUBSTITUTED for D. Davey and S. Rimbach is ORDERED SUBSTITUTED for T. S. Arlitz.
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IT IS SO ORDERED.
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Dated:

October 2, 2015

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE