Eldred Andre Nicholson v. P Finander et al
| Eldred Andre Nicholson |
| C Chin, Dr P Finander and Dr Gian Hernandez |
| 2:2012cv09993 |
| November 21, 2012 |
| US District Court for the Central District of California |
| Audrey B. Collins |
| John E. McDermott |
| Prisoner: Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
93
JUDGMENT by Judge Fernando M. Olguin. In accordance with the Order Accepting Findings and Recommendations of United States Magistrate Judge 92 filed concurrently herewith, IT IS HEREBY ADJUDGED that this action is dismissed, with prejudice as to Plaintiff's federal constitutional claims and without prejudice as to any claims under state law. (MD JS-6, Case Terminated). (kl)
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Filing
79
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fernando M. Olguin 67 , 63 , 59 , 58 . IT IS HEREBY ORDERED as follows: (1) Plaintiff's Motion to Supplement FAC (Docket No. 58) is GRANTED; (2) Plaintiff's Motion to Amend (Doc ket No. 63) is DENIED; (3) Defendants' Motion to Dismiss (Docket No. 59) is GRANTED IN PART; (4) Plaintiffs claims against Gian Hernandez, Paulette Finander, James Marcelo, and Corina Chin are DISMISSED with leave to amend for failure to stat e a claim; and (5) Plaintiff's Motion for a preliminary injunction and/or a temporary restraining order (Docket No. 67) is DENIED without prejudice for lack of jurisdiction. Plaintiff may file a Second Amended Complaint within thirty (30) days of this Order, which remedies the deficiencies set forth in the Magistrate Judge's Report and Recommendation. (san)
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Filing
43
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fernando M. Olguin 39 , 28 . IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiff's Complaint is GRANTED IN PART. Plaintiff's claims for damages against Defendant s in their official capacities are DISMISSED with prejudice and without leave to amend. Plaintiff's claims against Dr. Finander and Dr. Hernandez are DISMISSED with leave to amend. Plaintiff may file a First Amended Complaint within thirty (30) days of this Order. (san)
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