(PC) Staffiero v. California Substance Abuse Treatment Facility, No. 2:2007cv01464 - Document 32 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 02/02/09 ADOPTING 30 FINDINGS and RECOMMENDATIONS; and GRANTING IN PART AND DENYING IN PART 20 Motion to Dismiss. IT IS ORDERED that Defendant's motion to dismiss plaintiff's complaint fo r failure to exhuast administrative remedies prior to filing suit is DENIED; Defendant's motion to dismiss plaintiff's complaint to the extent that it seeks monetary damages from defendant Beregovskaya in her official capacity is GRANTED; and Defendant's motion to dismiss plaintiff's complaint to the extent that it seeks injunctive relief is DENIED. (Streeter, J)
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(PC) Staffiero v. California Substance Abuse Treatment Facility Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL STAFFIERO, 12 Plaintiff, 13 14 No. 2:07-cv-01464-MCE-DAD P vs. ORDER CALIFORNIA SUBSTANCE ABUSE TREATMENT FACILITY, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On January 5, 2009, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty days. Plaintiff has filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 2 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed January 5, 2009, are adopted in full; and 7 2. Defendant’s April 23, 2008 motion to dismiss (Doc. No. 20) is granted in part and 8 9 10 11 12 13 14 15 denied in part as follows: a. Defendant’s motion to dismiss plaintiff’s complaint for failure to exhaust administrative remedies prior to filing suit is denied; b. Defendant’s motion to dismiss plaintiff’s complaint to the extent that it seeks monetary damages from defendant Beregovskaya in her official capacity is granted; and c. Defendant’s motion to dismiss plaintiff’s complaint to the extent that it seeks injunctive relief is denied. Dated: February 2, 2009 16 17 18 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 2
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