Norsworthy

Norsworthy v. Beard

Good Law
74 F. Supp. 3d 1100·2014 WL 6842935·2014 U.S. Dist. LEXIS 171371
United States District Court, Northern District of CaliforniaNovember 18, 2014Case No. 14-cv-00695-JSTCalifornia8,142 words

Opinion

Lead Opinion

Tigar, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND DENYING MOTION TO STAY DISCOVERY

Re: ECF Nos. 20,

Before the Court is Defendants A. Adams, R. Coffin, J. Lozano, M. Spear-man, and L. Zamora’s Motion to Dismiss Plaintiffs First Amended Complaint. ECF No. 20, which Defendants A. Newton and D. Van Leer subsequently joined, ECF Nos. 24, 26. Defendants Adams, Coffin, Lozano, Newton, Spearman, and Zamora have also moved for a protective order to stay discovery until the Court rules on Defendants’ Motion to Dismiss. ECF No. 23. The Court now GRANTS IN PART and DENIES IN PART Defendants’ Motion to Dismiss, and DENIES Defendants’ Motion for a Protective Order to Stay Discovery.

I. BACKGROUND

A. Factual History

For purposes of the Motion to Dismiss, the Court assumes the following facts, pur *1104 suant to the allegations of Plaintiffs First Amended Complaint (“FAC”), ECF No. 10. See Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005).

Plaintiff Norsworthy is a California Department of Corrections and Rehabilitation (“CDCR”) prisoner currently incarcerated at Mule Creek State Prison in lone, California. 1 FAC ¶2. She has been in the custody of CDCR since on or…

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