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17-285 - Zavala v. Migel et al


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17-285 - Zavala v. Migel et al
October 31, 2017
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MEMORANDUM AND RECOMMENDATION TO DISMISS CERTAIN CLAIMS AND TO RETAIN CASE re 1 Complaint. (Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)
February 14, 2018
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MEMORANDUM AND RECOMMENDATION TO DENY IN PART AND GRANT IN PART DEFENDANTS' MOTION TO DISMISS re 23 MOTION to Dismiss (Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)
April 13, 2018
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 15 Memorandum and Recommendations, 25 Memorandum and Recommendations. The Court RETAINS Plaintiff's claims against former McConnell Unit Warden Miguel Martinez and Sergeant Darren Mayer; DISMISSES Plaintiff's claims for money damages against all Defendants in their official capacities as barred by the Eleventh Amendment; DISMISSES Plaintiffs claims against the remaining Defendants for failure to state a claim and/or as frivolous pursuant to 28 U.S.C. ยงยง 1915(e)(2)(B) and 1915A(b)(1);DENIES IN PART Defendants' Motion to Dismiss 23, on the basis that Plaintiff has stated plausible due process claims against them; and GRANTS Defendants' Motion to Dismiss 23, to the extend that Plaintiff (1) is limited to recovering compensatory damages in the amount of $225.00, the amount forfeited from his account; and (2) is not entitled to recover additional compensatory damages arising from mental or emotional distress.This case will therefore continue to proceed before the Magistrate Judge. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)