Winkleman v. CDCR, et al
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr. on 3/10/2015 ADOPTING IN FULL 27 Findings and Recommendations; GRANTING 15 Motion to Dismiss the plaintiff's suit for damages against Defendant California Department of Corrections and Reh abilitation; GRANTING 15 Motion to Dismiss the plaintiff's request for injunctive relief against Defendant California Department of Corrections and Rehabilitation; DISMISSING Defendant California Department of Corrections and Rehabilitation fr om this action; DENYING 15 Motion to Dismiss the plaintiff's complaint for failure to state a claim against Defendants M. Anthony, B. Nicolau; DENYING 15 Motion to Dismiss based on the affirmative defense of qualified immunity; ORDERING Defendants M. Anthony, B. Nicolau to file an answer within thirty (30) days. (Michel, G.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN PATRICK WINKLEMAN,
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Plaintiff,
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No. 2:13-cv-1480 MCE DAD P
v.
ORDER
CDCR,
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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.
On January 14, 2015, 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 fourteen days. Neither party has filed
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objections to the findings and recommendations.
The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed January 14, 2015 (ECF No. 27), are
ADOPTED in full;
2. Defendants’ motion to dismiss (ECF No. 15) is GRANTED in part and DENIED in
part as follows:
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a. Defendants’ motion to dismiss plaintiff’s suit for damages against defendant
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CDCR is GRANTED;
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b. Defendants’ motion to dismiss plaintiff’s request for injunctive relief against
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defendant CDCR is GRANTED;
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c. Defendant CDCR is DISMISSED from this action;
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d. Defendants’ motion to dismiss plaintiff’s complaint for failure to state a claim
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against defendants Anthony and Nicolau is DENIED;
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e. Defendants’ motion to dismiss based on the affirmative defense of qualified
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immunity is DENIED; and
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3. Defendants Anthony and Nicolau are directed to file an answer within thirty (30) days
of the order adopting these findings and recommendations.
IT IS SO ORDERED.
Dated: March 10, 2015
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