Norwood

Norwood v. Woodford

Good Law
661 F. Supp. 2d 1148·2009 WL 3248053
United States District Court, Southern District of CaliforniaOctober 7, 2009Civil 07cv0057 WQH (JMA)California4,372 words

Opinion

Opinion

Hayes, J.

ORDER GRANTING DEFENDANTS BOURLAND, GIURBINO, JANDA AND DOVEY’S MOTION FOR SUMMARY JUDGMENT PURSUANT TO Fed.R.Civ.P. 56(c)

[Doc. No. 106]

I.

Statement op the Case

Gregory Norwood (“Plaintiff’), a state prisoner currently incarcerated at the California State Prison located in Corcoran, California, is proceeding pro se and in forma pauperis with a First Amended Complaint (“FAC”) filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983 .

Currently pending before the Court is Defendant Bourland, Dovey, Giurbino and Janda’s Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56 [Doc. No. 106].

II.

Procedural Background

Defendants Bourland, Dovey, Giurbino and Janda move for summary judgment on the grounds that: (1) no genuine issues of material facts exist to show that they violated Plaintiffs Eighth Amendment rights; and (2) they are entitled to qualified immunity. On July 14, 2009, the Court advised Plaintiff of his rights and obligations to oppose Defendants’ 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 Opposition on July 24, 2009 [Doc. No. 113]. The Court also granted…

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