Baptiste v. Dunn et al

Filing 83

ORDER signed by Judge Kimberly J. Mueller on March 30, 2013. Granting in part and denying in part 59 Motion to Dismiss ; granting in part and denying in part 69 Motion to Dismiss ; and adopting 79 FINDINGS AND RECOMMENDATIONS (Andrews, P)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH E. BAPTISTE,
Plaintiff,

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vs.

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No. 2:08-cv-1420 KJM CKD P

G. DUNN, et al.,

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Defendants.

ORDER
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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking

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relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as

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provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 29, 2013, the magistrate judge filed findings and recommendations,

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the file,

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the court finds the findings and recommendations to be supported by the record and by the

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 29, 2013, are adopted in full;

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2. Defendants’ motion to dismiss (Dkt. No. 59) is GRANTED in part, as to

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(1) defendant Christe and (2) the injunctive relief claim against Christe and Hopson; and

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DENIED in part, as to the damages claim against Hopson; and

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3. Defendants’ motion to dismiss (Dkt. No. 69) is GRANTED in part, as to (1)

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defendants Acquaviva, Dunn, and Callegari, including as to injunctive relief, (2) the damages

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claims against Felker, and Leo, and (3) the damages claims against defendants in their official

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capacities; and DENIED in part, as to (1) the damages claim against defendant Simpson, and (2)

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the injunctive relief claim against defendants Felker and Leo in their official capacity.

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DATED: March 30, 2013.

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UNITED STATES DISTRICT JUDGE

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