Filed: Feb. 03, 2020
Latest Update: Feb. 03, 2020
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) DENYING DEFENDANTS' MOTION TO DISMISS DANA M. SABRAW , District Judge . On May 1, 2019, Plaintiff Phillip Ricker, a state prisoner proceeding pro se, filed a Complaint under (1) Cal. Gov. Code 844.6(d); (2) the Eighth and Fourteenth Amendments to the United States Constitution; and (3) the Civil Rights Act, 42 U.S.C. 1983; (4), Cal. Gov. Code 844.6(d). Plaintiff alleges his rights were violated while he was housed at Richard J. Dono
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) DENYING DEFENDANTS' MOTION TO DISMISS DANA M. SABRAW , District Judge . On May 1, 2019, Plaintiff Phillip Ricker, a state prisoner proceeding pro se, filed a Complaint under (1) Cal. Gov. Code 844.6(d); (2) the Eighth and Fourteenth Amendments to the United States Constitution; and (3) the Civil Rights Act, 42 U.S.C. 1983; (4), Cal. Gov. Code 844.6(d). Plaintiff alleges his rights were violated while he was housed at Richard J. Donov..
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ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) DENYING DEFENDANTS' MOTION TO DISMISS
DANA M. SABRAW, District Judge.
On May 1, 2019, Plaintiff Phillip Ricker, a state prisoner proceeding pro se, filed a Complaint under (1) Cal. Gov. Code § 844.6(d); (2) the Eighth and Fourteenth Amendments to the United States Constitution; and (3) the Civil Rights Act, 42 U.S.C. § 1983; (4), Cal. Gov. Code § 844.6(d). Plaintiff alleges his rights were violated while he was housed at Richard J. Donovan Correctional Facility.
On September 23, 2019, Defendants filed a motion to dismiss. On October 25, 2019, the parties filed a joint motion to amend Plaintiff's complaint. The Court granted the joint motion and allowed for amended pleading.
On November 13, 2019, Magistrate Judge Linda Lopez issued a Report and Recommendation ("R&R") on the motion to dismiss, recommending that it be denied as moot given the Order allowing for amended pleading.
This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the R&R in its entirety and denies Defendants' motion to dismiss.
IT IS SO ORDERED.
