Hayes

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND STRIKE AND TERMINATING CASE

On July 14, 2004, Plaintiff Dontay D. Hayes (“Plaintiff’), proceeding pro se and in forma pauperis, brought an action for violation of his civil rights pursuant to 42 U.S.C. § 1983 . (Doc. No. 1.) Plaintiff filed a first amended complaint (“FAC”) on June 9, 2005. (Doc. No.20.) Plaintiff alleges that he was either denied access or had restricted access to the prison law libraries at California Correctional Institute at Te-hachapi, California (“CCI”) and Calipatria State Prison (“Calipatria”) from January 1999 to June 2000, in violation of his First and Fourteenth Amendment rights. (Doc. No. 20.)

On November 21, 2005, Defendants Jeanne S. Woodford, Undersecretary of the California Department of Corrections and Rehabilitation, Tom Carey, Warden of CCI, and Sylvia Garcia, Warden of Cali-patria (collectively “Defendants”) brought a motion to dismiss the FAC pursuant to Fed.R.Civ.P. 12(b)(5) and (6), and to strike the prayer for punitive damages pursuant to Fed.R.Civ.P. 12(f). (Doc. No. 29.) On the same day, Defendants filed a request for judicial notice. (Doc. No. 31.) On February 16, 2005, Magistrate Judge…