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GALLARDO v. DICARLO

No. ED CV 01-413RT(SGLX).

203 F.Supp.2d 1160 (2002)

Frank GALLARDO v. Warden Lori DiCARLO of California State Prison at Chino

United States District Court, C.D. California.

May 13, 2002.

Attorney(s) appearing for the Case

John Amoroso, Esq., Amoroso Law Corporation, Los Angeles, for Plaintiff.

Bill Lockyer, State Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Darrell L. Lepkowsky, Supervising Deputy Attorney General, Robert D. Wilson, Deputy Attorney General, Los Angeles, for Defendant.

PROCEEDINGS: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT LORI DICARLO'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6).

TIMLIN, District Judge.

The court, Judge Robert J. Timlin, has read and considered Warden Lori DiCarlo ("DiCarlo")'s Motion to dismiss the First Amended Complaint ("FAC") pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6) ("Rule 12(b)(6)"); Plaintiff Frank Gallardo ("Gallardo")'s opposition...

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