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MITCHELL v. CATE

No. CIV S-11-1240 JAM GGH P.

WESLEY MITCHELL, Plaintiff, v. MATTHEW L. CATE, et al., Defendants.

United States District Court, E.D. California.

May 24, 2012.

Attorney(s) appearing for the Case

Wesley Mitchell, Plaintiff, Pro Se.

Mike McDonald, Defendant, represented by Benjamin Robert Dore , Office of the Attorney General & Constance Lee Picciano , Office of the Attorney General.

R.L. Gower, Defendant, represented by Benjamin Robert Dore , Office of the Attorney General & Constance Lee Picciano , Office of the Attorney General.

D. Davey, Defendant, represented by Benjamin Robert Dore , Office of the Attorney General & Constance Lee Picciano , Office of the Attorney General.

D. Van Leer, Defendant, represented by Benjamin Robert Dore , Office of the Attorney General & Constance Lee Picciano , Office of the Attorney General.

A. Sanders, Defendant, represented by Benjamin Robert Dore , Office of the Attorney General & Constance Lee Picciano , Office of the Attorney General.

R. Miranda, Defendant, represented by Constance Lee Picciano , Office of the Attorney General.

FINDINGS & RECOMMENDATIONS

GREGORY G. HOLLOWS, Magistrate Judge.

On March 2, 2012, defendant Miranda filed a motion to dismiss, pursuant to Fed. R. Civ. P. 12(b)(6), on the grounds that plaintiff failed to allege facts sufficient to support his claim for an Eighth Amendment violation. Docket # 29. Also on March 2, 2012, defendants Clark, Davey, Gower, McDonald, Sanders and Van Leer filed a separate motion to dismiss, pursuant to non-enumerated Fed. R...

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