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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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KNOLTS HUTCHINSON,
Plaintiff,

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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,

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Defendants.

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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

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Americans with Disabilities Act, the Rehabilitation Act, and the

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Eighth Amendment.

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under California’s Disabled Persons Act (“CDPA”) and the Unruh

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Civil Rights Act against the prison official defendants.

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Defendants Rackley, Duffy, Kaplan, and Romero move to dismiss the

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CDPA and Unruh claims against them pursuant to Federal Rule of

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Civil Procedure 12(b)(6) on the basis of sovereign immunity.

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(See Defs.’ Mot. (Docket No. 20).)

Plaintiff also brought claims for damages

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At the hearing on the motion, it became apparent that

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the First Amended Complaint (“FAC”) fails to set forth the form

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of relief plaintiff intended to seek.

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unequivocally clarified that, although plaintiff did not state it

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in the FAC, what he seeks is preliminary and permanent injunctive

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relief ordering officials to provide him with a suitable shower

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wheelchair and trapeze bar.

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plaintiff to file a Second Amended Complaint to request the

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relief that plaintiff actually wants granted.

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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.

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Plaintiff shall have twenty days from the date this

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order is signed to file an amended complaint in a manner

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consistent with this Order.

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Dated:

March 24, 2015

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