Hutchinson v. California Department of Corrections and Rehabilitation, et al.

Filing 31

ORDER signed by Senior Judge William B. Shubb on 3/24/2015 GRANTING 20 Motion to Dismiss. Plaintiff shall have 21 days from the date of this order to file an amended complaint in a manner consistent with this order. (Donati, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 KNOLTS HUTCHINSON, Plaintiff, 13 14 15 16 17 18 CIV. NO. 2:14-2398 WBS EFB ORDER v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, WARDEN R. RACKLEY, WARDEN B. DUFFY, ASSOCIATE WARDEN M. KAPLAN, FACILITIES SARGEANT A. ROMERO, 19 Defendants. 20 21 ----oo0oo---- 22 23 24 25 26 27 Plaintiff, a state prisoner, alleges the California Department of Corrections and Rehabilitation, Wardens Rackley and Duffy, Associate Warden Kaplan, and Facilities Sargeant Romero failed to provide him with a shower wheelchair and a trapeze bar suitable for assisting him to get into and out of bed. 17-24.) (Id. ¶¶ Plaintiff brought claims under Titles II and V of the 28 1 1 Americans with Disabilities Act, the Rehabilitation Act, and the 2 Eighth Amendment. 3 under California’s Disabled Persons Act (“CDPA”) and the Unruh 4 Civil Rights Act against the prison official defendants. 5 Defendants Rackley, Duffy, Kaplan, and Romero move to dismiss the 6 CDPA and Unruh claims against them pursuant to Federal Rule of 7 Civil Procedure 12(b)(6) on the basis of sovereign immunity. 8 (See Defs.’ Mot. (Docket No. 20).) Plaintiff also brought claims for damages 9 At the hearing on the motion, it became apparent that 10 the First Amended Complaint (“FAC”) fails to set forth the form 11 of relief plaintiff intended to seek. 12 unequivocally clarified that, although plaintiff did not state it 13 in the FAC, what he seeks is preliminary and permanent injunctive 14 relief ordering officials to provide him with a suitable shower 15 wheelchair and trapeze bar. 16 plaintiff to file a Second Amended Complaint to request the 17 relief that plaintiff actually wants granted. 18 19 Plaintiff’s counsel The court will accordingly permit IT IS THEREFORE ORDERED that defendant’s motion to dismiss be, and the same hereby is, GRANTED. 20 Plaintiff shall have twenty days from the date this 21 order is signed to file an amended complaint in a manner 22 consistent with this Order. 23 Dated: March 24, 2015 24 25 26 27 28 2

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