Andrade v. Diaz

Full title: GLEISTON PORCINODE ANDRADE, Plaintiff, v. RALPH DIAZ, et al., Defendants.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jan 27, 2021

Case No. 5:20-cv-00137-FMO-JC (C.D. Cal. Jan. 27, 2021)

Opinion

5:20-cv-00137-FMO-JC

01-27-2021

GLEISTON PORCINODE ANDRADE, Plaintiff, v. RALPH DIAZ, et al., Defendants.

HONORABLE FERNANDO M. OLGUIN UNITED STATES DISTRICT JUDGE.

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

[DOCKET NO. 12]

HONORABLE FERNANDO M. OLGUIN UNITED STATES DISTRICT JUDGE.

The Court has conducted the review required by 28 U.S.C. § 636 and accepts the findings, conclusions and recommendation of the Magistrate Judge reflected in the November 19, 2020 Report and Recommendation of United States Magistrate Judge (“Report and Recommendation”).

IT IS HEREBY ORDERED:

1. The Motion/Partial Motion to Dismiss filed by Ralph Diaz, Scott Kernan, Kathleen Allison, Mona Houston, Dean Borders (“Moving Defendants”) is granted (a) to the extent it seeks dismissal of the Complaint against Defendant Houston in her individual capacity without leave to amend; (b) to the extent it seeks dismissal of the Complaint for monetary damages against the Moving Defendants in their official capacities without leave to amend; and (c) to the extent it otherwise seeks dismissal of the Complaint against the Moving Defendants with leave to amend.

2. The Complaint (a) is dismissed as against Defendant Houston in her individual capacity without leave to amend; (b) is dismissed to the extent it seeks monetary damages against the Moving Defendants in their official capacities without leave to amend; and (c) is otherwise dismissed against the Moving Defendants with leave to amend.

3. In light of Plaintiff's January 7, 2021 filing of a Notice of Intent to Proceed on Claim[] Solely Against Defendant Castro, this action shall proceed solely on Plaintiff's remaining claim against Defendant C. Castro, i.e., the second claim in the Complaint which alleges that Castro violated the Eighth Amendment by failing to protect Plaintiff from being assaulted by another inmate.

4. Defendant Castro shall file an Answer to the remaining claim in the Complaint within fourteen (14) days of the entry of this Order.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order on plaintiff and counsel for defendants.

IT IS SO ORDERED.