(PC) Hollis v. Sloan, et al, No. 2:2008cv02674 - Document 52 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 09/30/10 ADOPTING in full 47 FINDINGS AND RECOMMENDATIONS; GRANTING in part 37 Motion to Dismiss ; Defendants motion to dismiss plaintiffs Eighth Amendment claims forinjunctive relief, and request t o appoint a receiver, is granted; Defendants motion to dismiss plaintiffs Eighth Amendment claims for damages is denied;5. Defendants motion to dismiss defendants Cummings and Acquaviva is denied;6. Plaintiffs claim for injunctive relief against defe ndants at High Desert State Prison, based on his retaliation claims, is denied; and this action shall proceed on plaintiffs Eighth Amendment claims for damages, including his claim for damages based on the alleged breach of mental health confidentiality, and plaintiffs retaliation claims, as set forth in the July 28, 2010 findings and recommendations. (Williams, D)
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(PC) Hollis v. Sloan, et al Doc. 52 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN GLENN HOLLIS, 11 Plaintiff, 12 13 No. 2:08-cv-2674 GEB KJN P vs. PHILLIP SLOAN, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On July 28, 2010, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Neither party has 22 filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. 25 //// 26 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 28, 2010 (Dkt. No. 47) are 3 adopted in full; 4 5 2. Defendants’ September 23, 2009 motion to dismiss (Dkt. No. 37) is partially granted; 6 7 3. Defendants’ motion to dismiss plaintiff’s Eighth Amendment claims for injunctive relief, and request to appoint a receiver, is granted; 8 9 4. Defendants’ motion to dismiss plaintiff’s Eighth Amendment claims for damages is denied; 10 11 12 13 5. Defendants’ motion to dismiss defendants Cummings and Acquaviva is denied; 6. Plaintiff’s claim for injunctive relief against defendants at High Desert State Prison, based on his retaliation claims, is denied; and 14 7. This action shall proceed on plaintiff’s Eighth Amendment claims for 15 damages, including his claim for damages based on the alleged breach of mental health 16 confidentiality, and plaintiff’s retaliation claims, as set forth in the July 28, 2010 findings and 17 recommendations. 18 Dated: September 30, 2010 19 20 21 GARLAND E. BURRELL, JR. United States District Judge 22 23 24 25 26 2