Free Proposed Order - District Court of California - California

Case 4:07-cv-01165-SBA

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Filed 09/12/2007

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EDMUND G. BROWN JR., Attorney General of the State of California TYLER B. PON Supervising Deputy Attorney General WILFRED T. FONG (State Bar No. 154303) Deputy Attorney General 1515 Clay Street P.O. Box 70550 Oakland, CA 94612-0550 Telephone: (510) 622-2114 Facsimile: (510) 622-2121 Attorneys for Defendants UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 Defendants Bill Lockyer, Richard Rimmer and Roseanne Campbell have moved to dismiss the First Amended Complaint under Federal Rule of Civil Procedure, Rule 12(b). Having given due consideration to the papers filed and argument of counsel, and for good cause shown, the Court orders as follows: The motion to dismiss is GRANTED. The First Amended Complaint fails to allege sufficient facts to show the existence of a cognizable legal duty owed by defendants to plaintiff. As to plaintiff's Section 1983 claims, defendants are entitled to qualified immunity as it was not clearly established that plaintiff had a constitutional right requiring the California Attorney 1
(Proposed) Order Granting Motion to Dismiss First Amended Complaint Case No. C07-01165 SBA

WILLIAM HENRY COUSINS, Plaintiff, v. BILL LOCKYER, (former) ATTORNEY GENERAL OF CALIFORNIA, in his individual capacity; RICHARD RIMMER, (former) DIRECTOR OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR), in his individual capacity; ROSEANNE CAMPBELL, (former) WARDEN OF MULE CREEK STATE PRISON, in her individual capacity; and JOHN/JANE DOES 1 THROUGH x,

CASE NO. C07-01165 SBA (Proposed) ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT [F.R.C.P. 12(b)] Hearing Date: October 30, 2007 Time: 1:00 p.m. Courtroom: 3, 3rd Floor Judge: Hon. Saundra Brown Armstrong Address: 1301 Clay Street Oakland, CA 94612-5212 Complaint Filed: February 27, 2007

Case 4:07-cv-01165-SBA

Document 14

Filed 09/12/2007

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General and CDCR officials Rimmer and Campbell to personally monitor court decisions affecting the validity of Penal Code statutes. As to defendant Lockyer, he is entitled to prosecutorial immunity. Further, the Fifth Cause of Action fails to state a claim for relief because defendants did not act with "threats, intimidation or coercion" or with discrimination towards plaintiff. Accordingly, the First Amended Complaint is DISMISSED with prejudice. SO ORDERED. Dated: _________________ ______________________________________ HON. SAUNDRA BROWN ARMSTRONG United States District Court Judge

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(Proposed) Order Granting Motion to Dismiss First Amended Complaint Case No. C07-01165 SBA