Moore

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS; ADDRESSING PENDING MOTIONS; AND REFERRING CASE TO PRO SE PRISONER SETTLEMENT PROGRAM

Docket Nos. 57, 83, 86, 88, 91, 97.

INTRODUCTION

Plaintiff Jumah Ali-Thomas Moore, a state prisoner who has recently been transferred from Pelican Bay State Prison (PBSP) to the California Medical Facility, filed this civil action in the Monterey County Superior Court, Moore v. Thomas, et al, Case no. M76479, alleging various claims stemming from his incarceration at Salinas Valley State Prison (SVSP). On March 21, 2006, this action was removed to this Court pursuant to 28 U.S.C. § 1441 (b).

Defendants now move for summary judgment on the grounds that there are no material facts in dispute and that they are entitled to judgment as a matter of law. In the alternative, Defendants move to dismiss for failure to exhaust administrative remedies, and for failure to comply with the California Tort Claims Act.

For the reasons outlined below, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion for summary judgment and motion to dismiss. The Court also addresses Plaintiffs pending…