Abney

ORDER:

(1)GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6) [Doc. No. 13-i];

(2)DENYING DEFENDANT’S MOTION TO STRIKE PURSUANT TO FED.R.CIY.P. 12(f) [Doc. No. 13-2];

(3)DENYING PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT JUDGMENT [Doc. No. 18]; AND

(4)DISMISSING COMPLAINT WITH PREJUDICE

Thomas William Abney (hereinafter “Plaintiff’), is a state prisoner proceeding pro se with a civil rights Complaint pursuant to 42 U.S.C. § 1983 . (Doc. No. 1.) Currently pending before the Court is a Motion to Dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(6), and a Motion to Strike the prayer for punitive damages in the Complaint pursuant to Fed.R.Civ.P. 12(f), both filed on behalf Edward S. Ala-meida, the former Director of the California Department of Corrections (“CDC”), and the sole Defendant named in this action. (Doc. Nos. 13-15.) Plaintiff has filed an Opposition to both Motions (Doc. Nos. 22-23), and Defendant has filed a Waiver of Reply to Plaintiffs Opposition (Doc. No. 26). Also pending before the Court is Plaintiffs Motion for Entry of Default Judgment. (Doc. Nos. 18-21.) Defendant has filed an Opposition to Plaintiffs Motion.…