Whitall

Whitall v. Gutierrez

Good Law
United States District Court, Northern District of CaliforniaMarch 5, 20253:18-cv-01376California1,478 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 RAYMOND RICHARD WHITALL, Case No. 18-cv-01376-CRB

Plaintiff,

ORDER GRANTING MOTION FOR

v.

JUDGMENT ON THE PLEADINGS

J. CABALLERO, et al., Defendants.

In anticipation of trial, which is scheduled to begin June 2, 2025, Defendants move for judgment on the pleadings as to two of Plaintiff Raymond Richard Whitall’s elder- abuse claims. They seek to dismiss one because it has no statutory basis and the other because it is duplicative of a third elder-abuse claim that Defendants do not challenge. The Court finds this matter suitable for resolution without a hearing pursuant to Local Civil Rule 7-1(b) and GRANTS Defendants’ motion. I. BACKGROUND The thrust of Whitall’s claims is that Defendants, prison officers at Salinas Valley State Prison, repeatedly struck him in the head following a strip search on February 28, 2017. Second Am. Compl. (dkt. 8) ¶¶ 49–52. Whitall asserts various claims against Defendants, but only three are…

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