Stringham v. Bick et al

Filing 52

ORDER signed by Judge Morrison C. England, Jr on 2/7/12 ADOPTING in full 49 Findings and Recommendations; GRANTING IN PART 44 Motion to Dismiss and DENYING Motion to Strike. Plaintiff is GRANTED 30 days from the date this order is electronically filed in which to file a second amended complaint clarifying whether he is bringing this action against the individual defendants in their official capacity, against CDCR and CMF, or against both. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUY T. STRINGHAM,

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Plaintiff,

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No. 2:09-cv-00286 MCE DAD P

vs.

ORDER

J. BICK, et al.,

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Defendants.

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

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

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

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On November 29, 2011, the magistrate judge filed findings and recommendations herein

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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 twenty-one days. Defendants have

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filed 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 304, this

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

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 29, 2011 (ECF No. 49), are

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ADOPTED in full;

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2. Defendants’ motion to strike pursuant to Rule 12(f) (ECF No. 44) is DENIED;

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3. Defendants’ motion to dismiss pursuant to Rule 12(b)(6) (ECF No. 44) is GRANTED

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in part; and
4. Plaintiff is granted thirty days from the date this order is electronically filed in which to

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file a second amended complaint clarifying whether he is bringing this action against the

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individual defendants in their official capacity, against CDCR and CMF, or against both.

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Dated: February 7, 2012

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

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