Thomas

Thomas v. Hernandez

Good Law
740 F. Supp. 2d 1174·2010 WL 3633060·2010 U.S. Dist. LEXIS 94912
United States District Court, Southern District of CaliforniaSeptember 13, 2010Civil 07-1141-WVGCalifornia4,156 words

Opinion

Opinion

Gallo, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

John Paul Thomas (hereafter “Plaintiff’), an inmate proceeding pro se and in forma pauperis, filed a Complaint pursuant to 42 U.S.C. § 1983 (hereafter “Complaint”) claiming that his civil rights were violated in March 2007, when he was housed at the Richard J. Donovan Correctional Facility. He sues Defendants Robert Hernandez and Board of Prison Terms Unknown Deputy (hereafter “Defendant Hernandez,” “Defendant Unknown Deputy,” or collectively “Defendants”), in their official and individual capacities, and seeks injunctive relief, compensatory damages, and punitive damages. Defendants have filed a Motion to Dismiss the Complaint. Plaintiff has filed an Opposition to the Motion. In Plaintiffs Complaint, Plaintiff consented to have the undersigned conduct all proceedings in this case, including trial and the entry of final judgment, pursuant to 28 U.S.C. § 636 (c) and Fed. R. Civ. Pro. 73. On April 16, 2010, Defendants also so stipulated. The Court, having reviewed the Complaint, Opposition, the exhibits attached thereto, and GOOD CAUSE APPEARING, HEREBY GRANTS Defendants’ Motion to Dismiss.

I

FACTUAL ALLEGATIONS

On December 16, 2006,…

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