Williams v. Hallman et al

Filing 80

ORDER: Defendants' Motion 57 is allowed. Plaintiff's claims against defendants Sprague, Hallman and Kitzhaber are dismissed with prejudice. IT IS SO ORDERED. Signed on 4/8/2014 by Chief Judge Ann L. Aiken. (gw)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
KENNETH GREGORY WILLIAMS,
Plaintiff,

2:13-cv-00950-AA

v.

ORDER

OREGON DEPARTMENT OF
CORRECTIONS,
et al.,
Defendants.
AIKEN, District Judge.
The
claims

State Defendants now move to dismiss plaintiff's

against

defendants

State Defendants'

Sprague,

Partial Rule

Hallman

12 (B) (6)

and Kitzhaber.

Motion to

Dismiss

(#57).
Plaintiff's motion to dismiss plaintiff's claims against
defendants Sprague and Hallman is allowed for the reasons set
forth in Judge Simon's Order

(#13)

entered July 30,

2013.

Specifically, plaintiff's claims against these defendants is
1 - ORDER

"more in the nature of a request for reconsideration" of the
court's dismissal of plaintiff's prior civil rights action,
Williams v. Oregon Department of Corrections, Civ. No. 3:10-

cv-00730-SI.
Defendants motion to dismiss plaintiff's claim against
defendant Kitzhaber is allowed because plaintiff has failed to
allege that defendant Kitzhaber engaged in any action that
deprived plaintiff of of his federally protected rights. See,
Stevenson v.

Koskey,

877

F.2d 1435,

1439

(9th Cir.

1989);

Johnson v. Duffy, 588 F.2d 740 (9th Cir. 1978).
Defendants' Motion (#57) is allowed.
against

defendants

Sprague,

Hallman

Plaintiff's claims
and

Kitzhaber

dismissed with prejudice.

IT IS SO ORD~R D

Y~

DATED this ___· day of April, 2014.

United States District Judge

2 - ORDER

are