Hayes

Hayes v. Garcia

Good Law

461 F. Supp. 2d 1198·2006 WL 3257849·2006 U.S. Dist. LEXIS 80279

United States District Court, Southern District of CaliforniaOctober 27, 2006CIV.04-2112IEG(NLS)California4,591 words

Opinion

Gonzalez, J.

ORDER GRANTING DEFENDANT GARCIA’S MOTION FOR SUMMARY JUDGMENT PURSUANT TO Fed.R.Civ.P. 56(c) AND TERMINATING CASE

I. Statement of the Case

Dontay Hayes (“Plaintiff’), a state prisoner currently incarcerated at Calipatria State Prison (“CAL”), is proceeding pro se and in forma pauperis with a Second Amended Complaint (“SAC”) filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983 . Plaintiff alleges that CAL’s Warden Silvia Garcia denied him all outdoor exercise from December 27, 2001, through September 25, 2002, in violation of the Eighth Amendment. (SAC at 4.)

Currently pending before the Court is Defendant Garcia’s Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56 [Doc. No. 61].

II. Procedural Background

Defendant Garcia moves for summary judgment on grounds that: (1) no genuine issues of material fact exist to show she violated Plaintiffs Eighth Amendment rights; and (2) she is entitled to qualified immunity. On September 15, 2006, the Court has advised Plaintiff of his rights and obligations to oppose Garcia’s Motion pursuant to Klingele v. Eikenberry, 849 F.2d 409 (9th Cir.1988) and Rand v. Rowland, 154 F.3d 952 (9th Cir.1998) (en banc). Plaintiff filed his…

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