Wiseman v. Hernandez et al
| Chester Ray Wiseman |
| Robert J Hernandez, Sylvia H Garcia, E Contreras, E Marrero, B Morris, A Warran, M Clardy, Cheryl Van Cleave, A Peterson, K Sterling, Robert Cobb and D K McBride |
| 3:2008cv01272 |
| July 14, 2008 |
| US District Court for the Southern District of California |
| Prisoner: Civil Rights Office |
| San Diego |
| Larry Alan Burns |
| Nita L. Stormes |
| None |
| Federal Question |
| 42:1983 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
65
ORDER ADOPTING REPORT AND RECOMMENDATION 61 ; the defendants' motion to dismiss for failure to exhaust 56 (and, as to the lack of access claim, for failure to state a claim) is granted; Signed by Judge Larry Alan Burns on 3/25/11.(All non-registered users served via U.S. Mail Service)(kaj)
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Filing
50
ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts the Report and Recommendation almost in its entirety. Defendant California Department of Corrections is dismissed with prejudice. Defendants Contreras, Marrero, Clardy, and Peterson are als o dismissed from this case, without leave to amend. The motion to dismiss defendants Hernandez, Garcia, and McBride is denied. Defendants Hubbard and Moore are dismissed without prejudice. Wiseman's claim that he was subjected to cruel and unu sual punishment is dismissed, but with leave to amend. Wiseman's access-to-courts and due process claims are dismissed, but without prejudice and with leave to amend. Wiseman's equal protection claim is dismissed with prejudice and without leave to amend. Wiseman may file an amended complaint no later than 30 calendar days from the date this order is entered. Signed by Judge Larry Alan Burns on 2/26/10.(All non-registered users served via U.S. Mail Service)(pdc) (jrl).
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