Burgers v. Uribe, Jr. et al
| Michael Lydell Burgers |
| D. Sidhu, D. Gutierrez, J. Juarez, Amy Miller, Domingo Uribe, Jr., J. Zamora and J. D. Lozano |
| 3:2013cv01880 |
| August 12, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| Sacramento |
| Dana M. Sabraw |
| Nita L. Stormes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
32
ORDER (1) Adopting Report and Recommendation, (2) Granting in part and denying in part 15 Defendants' Motion to Dismiss and (3) Granting 27 Defendants' Motion for Partial Summary Judgment. This Court, having reviewed de novo the Magistr ate Judge's R&R, and there being no objections filed thereto, adopts the R&R in its entirety. Defendants' motion to dismiss is hereby granted in part and denied in part. Specifically, Defendants' motion to dismiss is granted with respe ct to Plaintiff's Fifth Amendment claim, Fourteenth Amendment equal protection claim and Fourteenth Amendment due process claim as it relates to the sixteen photographs and one catalog that were not confiscated. Defendants' motion is denied with respect to Plaintiff's retaliation claim and his Fourteenth Amendment due process claim relating to the four photographs and one catalog that were confiscated. The Court also grants Defendants' motion for partial summary judgment of n o exhaustion on Plaintiff's Fourteenth Amendment due process claim as it relates to the sixteen photographs and one catalog that were not confiscated. Pursuant to Federal Rule of Civil Procedure 12(a)(1)(C), Defendants shall file their Answer to the Complaint within 21 days of the filing of this Order. Signed by Judge Dana M. Sabraw on 9/15/2014. (All non-registered users served via U.S. Mail Service)(aef).
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