Summary
The document is a magistrate judge’s findings and recommendations in a prisoner civil-rights action brought by Christian Lopez against the California Department of Corrections and Rehabilitation and unidentified correctional officers. It recommends dismissal with prejudice for failure to state a claim, failure to obey a court order, and failure to prosecute, and directs the Clerk to randomly assign a district judge. The document gives the parties fourteen days to file objections.
Holdings
- CDCR, as a California state agency, is entitled to Eleventh Amendment immunity from suit in federal court.
- The complaint did not state a cognizable Fourteenth Amendment privacy claim because the alleged disclosure or access involving Plaintiff's girlfriend's information was not sufficiently alleged to involve highly sensitive information protected by the constitutional right to informational privacy, and the complaint did not provide sufficient facts showing a constitutional violation.
- The complaint failed to state a plausible claim because it did not provide sufficient factual matter permitting a reasonable inference that each named defendant was liable for misconduct.
- Dismissal with prejudice was recommended because Plaintiff failed to comply with the order requiring an amended complaint and ceased litigating the action after receiving an express warning that dismissal could result.
Questions Presented
- Whether the complaint stated a plausible claim under 42 U.S.C. § 1983 based on an alleged Fourteenth Amendment right to informational or autonomy privacy.
- Whether CDCR was immune from suit under the Eleventh Amendment.
- Whether dismissal with prejudice was warranted for Plaintiff's failure to obey the order requiring amendment and failure to prosecute.
- Whether the unidentified Doe defendants could be maintained without factual allegations identifying each defendant's conduct.
Disposition
other
Cases Cited (27)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007)(followed)
- Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)(followed)
- Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009)(followed)
- Lapides v. Board of Regents, 535 U.S. 613, 616 (2002)(followed)
- Wolfson v. Brammer, 616 F.3d 1045, 1065-66 (9th Cir. 2010)(followed)
- Pennhurst State School & Hospital v. Halderman, 465 U.S. 89, 100 (1984)(followed)
- Buckwalter v. Nevada Board of Medical Examiners, 678 F.3d 737, 740 n. 1 (9th Cir. 2012)(followed)
- Lake Country Estates, Inc. v. Tahoe Regional Planning Agency, 440 U.S. 391, 401 (1979)(followed)
- Seaton v. Mayberg, 610 F.3d 530, 534 (9th Cir. 2010)(followed)
Showing top 10 of 27.
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