Gerber

Gerber v. Hickman

Good Law
103 F. Supp. 2d 1214·2000 WL 924577·2000 U.S. Dist. LEXIS 13124
United States District Court, Eastern District of CaliforniaJune 23, 2000Civ. S991315 FCD JFM PCalifornia2,252 words

Opinion

Opinion

Damrell, J.

AMENDED MEMORANDUM AND ORDER

Plaintiff William Gerber, a state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983 alleging that defendant Rodney Hickman, Acting Warden of Mule Creek State Prison, violated his constitutional right to procreate by refusing to allow him to artificially inseminate his wife. Plaintiff also contends that defendant’s refusal violated his rights under CaLPenal Code §§ 2600 and 2601. Defendant moves to dismiss, or in the alternative for summary judgment of, plaintiffs claims.

This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local General Order No. 262. On March 7, 2000, the magistrate judge filed findings and recommendations which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within ten days. Defendant has filed objections, and plaintiff has filed a response thereto.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court rejects the findings and…

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