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Harbridge v. Schwarzenegger

July 20, 2010

CHRISTOPHER HARBRIDGE, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: George H. WU United States District Judge

ORDER ADOPTING AMENDED REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; and ORDER

Pursuant to 28 U.S.C. Section 636(b)(1)(c), the Court has reviewed the First Amended Complaint and other papers along with the attached Amended Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Amended Report and Recommendation.

IT IS HEREBY ORDERED that:

1. The Amended Report and Recommendation is approved and adopted.

2. The following claims are dismissed with leave to amend:

(1) Claims 5, 7, 8, 9, (retaliation only);

(2) Claim 7 (Eighth Amendment conditions of confinement as to Defendants Dottaviano, Porter, and Baumgardner only);

(3) Claims 10 and 11 (theories of causation must be included in the substantive claims to which they relate; these should not be asserted as separate claims);

(4) Claim 15 (states a substantive retaliation claim, but dismissed with leave to amend as to custom and policy allegations);

(5) Claims 12 and 20 (must allege conduct by Reed with a causal connection to the alleged retaliation), and;

(6) Claim 23.

3. The following claims are dismissed without leave to amend:

(1) Claims 5 and 8 (Eighth Amendment claims);

(2) Claims 5, 7, 8, 9, and 15 (due process ...


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