Rayford v. Giurbino et al
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|Date Filed||#||Document Text|
|March 25, 2009
ORDER Granting 30 Defendants Houston, Valenzuela, Khatri, and Ezperanza's Motion to Dismiss; Adopting-In-Part and Rejecting-In-Part 40 Report and Recommendation; Granting 47 Motion for Leave; Granting 58 Defendant Martinez's Motion to Dismiss; Denying 60 Plaintiff's Motion for Entry of Default. The Court Grants Defendants Houston, Valenzuela, Khatri, and Ezperanza's motion to dismiss and Defendant Martinez's motion to dismiss for failure to exhaust administrati ve remedies and rules that such claims be Dismissed Without Prejudice. The Court Grants Defendants Houston, Valenzuela, Khatri, and Esperanza's motion to dismiss and Defendant Martinez's motion to dismiss on Eleventh Amendment grounds to th e extend that Plaintiff seeks damages against Defendants in their official capacities and rules that such claims be Dismissed With Prejudice. Signed by Judge Thomas J. Whelan on 3/25/09. (All non-registered users served via U.S. Mail Service).(cap)(av1).
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