Anderson v. McKelroy et al

Filing 16

ORDER GRANTING DEFENDANTS ADMINISTRATIVE MOTION. Signed by Magistrate Judge Maria-Elena James on 2/3/2016. (rmm2S, COURT STAFF) (Filed on 2/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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No. C 15-2013 MEJ (PR)

TUANJA EDWARD ANDERSON,

ORDER GRANTING
DEFENDANTS’ ADMINISTRATIVE
MOTION

Plaintiff,
v.

United States District Court
For the Northern District of California

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Docket No. 14

CALIFORNIA DEPARTMENT OF
11 CORRECTIONS & REHABILITATION,
SALINAS VALLEY STATE PRISON,
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Defendants.

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/

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On May 5, 2014, plaintiff, an inmate at Salinas Valley State Prison (“SVSP”), filed

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this pro se action under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et

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seq. (“ADA”). On December 9, 2015, the Court reviewed plaintiff’s amended complaint and

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found that, liberally construed, it stated an ADA claim. Plaintiff correctly named as

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defendants SVSP and the California Department of Corrections and Rehabilitation

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(“CDCR”). See Alsbrook v. City of Maumelle, 184 F.3d 999, 1005 n.8 (8th Cir. 1999)

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(“[The ADA] provides disabled individuals redress for discrimination by a ‘public entity.’

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See 42 U.S.C. § 12132. That term, as it is defined within the statute, does not include

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individuals. See 42 U.S.C. § 12131(1).”).

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In its December 9, 2015 order, the Court directed service on Jeffrey Beard and

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William Muniz, in their capacities as representatives of, respectively, the CDCR and SVSP.

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The CDCR and SVSP have appeared in this action and point out that Jeffrey Beard and

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William Muniz were not named in plaintiff’s amended complaint. They request modification

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of the December 9, 2015 order to show that the CDCR and SVSP are the only defendants.

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Defendants are correct that the Court erroneously named Mr. Beard and Mr. Muniz as

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defendants. Accordingly, the December 9, 2015 order is now amended to delete lines 16

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through 17 on page 3 and replace them with the following text:
– California Department of Corrections & Rehabilitation
– Salinas Valley State Prison

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The Clerk shall terminate Jeffrey Beard and William Muniz as defendants on the
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Court’s docket in this action. Defendants’ request to reissue summons is denied as
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unnecessary given that the CDCR and SVSP have been served via their agents and have
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appeared through counsel.
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The schedule for filing of dispositive motions set forth in the December 9, 2015 order
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remains in place.
United States District Court
For the Northern District of California

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This order terminates Docket No. 14.
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IT IS SO ORDERED.
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DATED:

February 3, 2016

Maria-Elena James
United States Magistrate Judge

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