Thunder Eagle Ghost Dancer v. Charles E.Samuels Jr. et al
| Thunder Eagle Ghost Dancer |
| Linda T. McGrew and Charles E. Samuels , Jr. |
| 2:2015cv03164 |
| April 28, 2015 |
| US District Court for the Central District of California |
| Valerie Baker Fairbank |
| Gail J. Standish |
| Prisoner: Civil Rights |
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Filing
32
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 30 . IT IS ORDERED that: (1) Defendant McGrew's Motion to Dismiss (Motion) [Dkt. 25] is GRANTED in part and DENIED in part as fo llows: a) the Motion is GRANTED with respect to Plaintiff's Eighth Amendment claim against McGrew in her official capacity, and this claim is dismissed without leave to amend and with prejudice; b) the Motion is DENIED with respect to Plaintiff's Eighth Amendment claim against McGrew in her individual capacity; c) the Motion is DENIED with respect to McGrew's claim of qualified immunity without prejudice. (See order for full details) (ec)
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Filing
4
MEMORANDUM AND ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Gail J. Standish. IT IS ORDERED that: (1) the Complaint is DISMISSED for failure to state a claim upon which relief can be granted; and (2) Johnson is GRANTED leave to file an amended complaint, titled First Amended Complaint by no later than August 1, 2015, remedying the deficiencies discussed above. The First Amended Complaint must be complete in and of itself without reference to prior complaints or already-filed documents. Failure to timely file the First Amended Complaint may result in dismissal with prejudice.(ec) (ec)
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