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MONCRIEF v. CALIFORNIA DEPARTMENT OF CORRECTIONS

No. 2:12-cv-0414 MCE AC P.

JOHN PHILIP MONCRIEF, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants.

United States District Court, E.D. California.

August 29, 2013.

Attorney(s) appearing for the Case

John Philip Moncrief, Plaintiff, represented by Kenneth N. Frucht , Geonetta & Frucht & Lyndon Y. Chee , Geonetta & Frucht, LLP.

California Department of Corrections and Rehabilitation, Defendant, represented by Kelli Marie Hammond , Attorney General of the State of California.

Randy Grounds, Defendant, represented by Kelli Marie Hammond , Attorney General of the State of California.

Gary Swarthout, Defendant, represented by Kelli Marie Hammond , Attorney General of the State of California.

FINDINGS AND RECOMMENDATIONS

ALLISON CLAIRE, Magistrate Judge.

Plaintiff, a state prisoner, proceeds through counsel with an amended civil rights complaint filed pursuant to 42 U.S.C. § 1983. Following resolution of defendants' earlier filed motion to dismiss, plaintiff proceeds on counts one, two, seven, eight and nine of the first amended complaint filed September 4, 2012. Defendants' amended motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6)...

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