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Doris Newsome, Individually and As Successor-In-Interest To Theodore v. Arnold Schwarzenegger

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 18, 2012

DORIS NEWSOME, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO THEODORE HAYWARD, JR., DECEASED,
PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Presently before the Court is a motion, brought on behalf of Defendants Tilton, Mendoza-Powers. Poparai, Surya and Farber-Szekrenyi, seeking summary judgment pursuant to Federal Rule of Civil Procedure 56 on grounds that said Defendants are entitled to judgment as a matter of law in this case. Doris Newsome, as mother and successor-in-interest to her son, Theodore Hayward Jr., alleges in the instant matter that Hayward's death was caused by deliberate indifference to his serious medical needs in violation of the Eighth Amendment.

On November 4, 2011, Plaintiff's counsel filed a Statement of Non-Opposition to Defendants' Motion (ECF No. 78) which specifically provides that Plaintiff does not oppose the motion brought on behalf of the Defendants enumerated above. Given that non-opposition, and good cause appearing therefor, Defendants' Motion for Summary Judgment (ECF No. 76) is hereby GRANTED.*fn1

Defendants Tilton, Mendoza-Powers, Boparai, Surya and Farber-Szekrenyi are hereby dismissed from this action.

IT IS SO ORDERED.


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