Filed: Jan. 09, 2020
Latest Update: Jan. 09, 2020
Summary: RULING SHELLY D. DICK , District Judge . The Court, after carefully considering the Motion, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wllder-Doomes, dated December 5, 2019, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY, the Motion to Dismiss 3 is hereby GRANTED IN PART AND DENIED
Summary: RULING SHELLY D. DICK , District Judge . The Court, after carefully considering the Motion, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wllder-Doomes, dated December 5, 2019, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY, the Motion to Dismiss 3 is hereby GRANTED IN PART AND DENIED ..
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RULING
SHELLY D. DICK, District Judge.
The Court, after carefully considering the Motion,1 the record, the law applicable to this action, and the Report and Recommendation2 of United States Magistrate Judge Erin Wllder-Doomes, dated December 5, 2019, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.
ACCORDINGLY, the Motion to Dismiss3 is hereby GRANTED IN PART AND DENIED IN PART.
IT IS FURTHER ORDERED that all of Plaintiff's claims against Jeremy Mitchell and West Harris are hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff's claims for conspiracy and threats by Walter Johnson and Ricky Williams, as well as Plaintiff's claims for injunctive relief and for monetary damages against Walter Johnson and Ricky Williams In their official capacities are hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that this matter is referred to the magistrate judge for proceedings on Plaintiff's remaining claims, i.e., Plaintiff's claims against Walter Johnson and Ricky Williams for excessive force arising out of the incident wherein Walter Johnson and Ricky Williams allegedly jerked Plaintiff's arm to place his hands in handcuffs.
FootNotes
1. Rec. Doc. 11.
2. Rec. Doc, 14.
3. Rec. Doc. 11.
