Denham v. Aranda et al

Filing 43

ORDER ADOPTING 42 Report and Recommendations re 39 Motion to Dismiss: the Court (1) adopts Magistrate Judge Gallo's report and recommendation; (2) grants with prejudice Defendants' motion to dismiss with regard to Plaintiff's Eight h Amendment claim and qualified immunity for Hernandez, Smith, and Cate; (3) and denies Defendants' motion to dismiss with regard to Plaintiff's retaliation claim against Marrero, Cortez, and Contreras, and qualified immunity for the three aforementioned parties. Signed by Judge Janis L. Sammartino on 2/4/11.(All non-registered users served via U.S. Mail Service)(lmt)

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