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Scott v. State

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 11, 2006

STEVEN C. SCOTT, PLAINTIFF,
v.
STATE OF CALIFORNIA, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) GRANTING DEFENDANTS' MOTION TO DISMISS [Doc. Nos. 1, 13]

On September 8, 2005, Plaintiff Steven C. Scott ("Plaintiff"), a state prisoner proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983. Plaintiff alleges the California Department of Corrections and Rehabilitation ("CDCR"), Calipatria State Prison, Correctional Officers C. Butler, S. Garcia, R. Houston, and P. Preciado (collectively "Defendants") violated his Eighth Amendment rights by failing to protect him from an attack by another inmate. Defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) on the grounds that: (1) Plaintiff failed to exhaust; (2) Plaintiff's claims are time-barred; (3) Plaintiff failed to state an Eighth Amendment claim against any defendant; (4) Defendants are entitled to qualified immunity; and (5) Defendants CDCR and Calipatria are immune from liability under the Eleventh Amendment.

On September 22, 2006, The Honorable Anthony J. Battaglia, United States Magistrate Judge, issued a Report and Recommendation, recommending that the Court grant Defendants' Motion to Dismiss. This Court, having reviewed de novo the Magistrate Judge's Report, and there being no objections filed to the report, adopts the recommendation in full and GRANTS Defendants' Motion. Accordingly, the Court dismisses Plaintiff's complaint with prejudice.

IT IS SO ORDERED.

20061211

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