Newsome v. Schwarzenegger et al

Filing 80

ORDER signed by Judge Morrison C. England, Jr on 01/18/12 ORDERING that defendants' 76 Motion for Summary Judgment is GRANTED; defendants Peter Farber-Szekrenyi, Kathy Mendoza-Powers, S. Surya, James E. Tilton, Meet Boparai are DISMISSED. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DORIS NEWSOME, Individually
and as Successor-in-Interest
to THEODORE HAYWARD, JR.,
deceased,

No. 2:08-cv-01510-MCE-KJN

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Plaintiff,
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ORDER

v.
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ARNOLD SCHWARZENEGGER, et al.,
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Defendants.
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Presently before the Court is a motion, brought on behalf of

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Defendants Tilton, Mendoza-Powers. Poparai, Surya and Farber-

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Szekrenyi, seeking summary judgment pursuant to Federal Rule of

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Civil Procedure 56 on grounds that said Defendants are entitled

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to judgment as a matter of law in this case.

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mother and successor-in-interest to her son, Theodore Hayward

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Jr., alleges in the instant matter that Hayward’s death was

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caused by deliberate indifference to his serious medical needs in

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violation of the Eighth Amendment.
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Doris Newsome, as

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On November 4, 2011, Plaintiff’s counsel filed a Statement

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of Non-Opposition to Defendants’ Motion (ECF No. 78) which

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specifically provides that Plaintiff does not oppose the motion

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brought on behalf of the Defendants enumerated above.

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non-opposition, and good cause appearing therefor, Defendants’

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Motion for Summary Judgment (ECF No. 76) is hereby GRANTED.1

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Defendants Tilton, Mendoza-Powers, Boparai, Surya and Farber-

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Szekrenyi are hereby dismissed from this action.

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Given that

IT IS SO ORDERED.
Dated: January 18, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Because oral argument was not be of material assistance,
the Court ordered this matter submitted on the briefs. E.D. Cal.
Local Rule 78-230(h).
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