Watson v. Sisto, et al

Filing 96

AMENDED ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/11/11 ORDERING that plaintiff's motion to strike defendants' evidence 76 is granted. Also, RECOMMENDING that defendants' motion to dis miss 66 plaintiff's first amended complaint should be granted in part and denied in part. Plaintiff's claims made pursuant to the Americans with Disabilities Act and Rehabilitation Act should be dismissed. Defendants California Departme nt of Corrections and Rehabilitation and California State Prison Solano should be dismissed. This action should proceed on plaintiff's First and Eighth Amendment claims pursuant to 42 USC 1983 against defendants Traquina, Tan, Rohrer and Sisto as set forth herein. Amended Complaint 65 and MOTION to DISMISS 66 referred to Judge Lawrence K. Karlton. Objections due within 14 days.(Plummer, M) Modified on 2/14/2011 (Plummer, M).

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