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RIVERA v. URIBE

Civil No. 10-CV-02245 LAB (BGS).

RICARDO RIVERA, Plaintiff, v. D. URIBE, et al., Defendants.

United States District Court, S.D. California.

February 7, 2012.

Attorney(s) appearing for the Case

Ricardo Rivera, Plaintiff, Pro Se.

D Uribe, Warden, Defendant, represented by Christopher H Findley, Office of the Attorney General.

James Napolitano, Correctional Lieutenant, Defendant, represented by Christopher H Findley, Office of the Attorney General.

Able Zamora, Correctional Sergeant, Defendant, represented by Christopher H Findley, Office of the Attorney General.

REPORT AND RECOMMENDATION GRANTING DEFENDANTS' MOTION TO DISMISS Doc. No. 8.

BERNARD G. SKOMAL, Magistrate Judge.

I. INTRODUCTION

Ricardo Rivera ("Plaintiff"), a prisoner currently incarcerated at Pelican Bay State Prison, proceeds pro se in this action under 42 U.S.C. § 1983 and California State tort law. Plaintiff filed a Complaint alleging that Defendants violated his Eighth Amendment right to be free from cruel and unusual punishment...

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