ORDER

J. RANDAL HALL, Chief District Judge.

After an independent and de novo review of the record, the undersigned concurs in part with the Magistrate Judge's Report and Recommendation, (doc. 11), to which Plaintiff filed Objections,(doc. 14). Plaintiff contends, among other things, that the Court should not dismiss his deliberate indifference as to his dorm assignment claims against Defendants Jackson and Hutchinson.1 (Id.) Plaintiff argues that Defendants Jackson and Hutchinson, as Unit Managers, had the ability to change his dorm assignment but failed to do so. Based on this new information, the Court will assess the viability of these claims on a more complete record rather than dismissing the claims at this early stage.

Accordingly, the Court SUSTAINS IN PART Plaintiffs Objections and REJECTS IN PART the Magistrate Judge's Report and Recommendation. The Court SUSTAINS Plaintiffs Objections for his claims of deliberate indifference to safety as to his dorm assignment against Defendants Jackson and Hutchinson, and those claims shall proceed. However, the Court OVERRULES all other portions of Plaintiffs Objections. The Court ADOPTS the Magistrate Judge's Report and Recommendation, as amended herein, as the opinion ofthe Court.

Therefore, the Court DISMISSES Plaintiffs claims for: monetary damages against Defendants in their official capacities; deliberate indifference to safety for failure to intervene against all Defendants; deliberate indifference to safety as to dorm assignment against Defendant Bateman; deliberate indifference to medical needs claims as to Defendant Toole; due process claims against all Defendants, and equal protection claims against all Defendants. The Court further DENIES Plaintiffs claims for preliminary injunctive relief. However, Plaintiffs allegations arguably state colorable claims for relief against Defendants Allen, Bobbitt, Toole, Jackson, and Hutchinson for deliberate indifference to safety as to dorm assignment and against Defendants Allen, Bobbitt, Jackson, and Bateman for deliberate indifference to medical needs. Although a stay has been entered in this case, this stay does not affect Defendants' obligation to respond to the complaint.

The Court DIRECTS the United States Marshal to serve Defendant Hutchinson with a copy of Plaintiffs Second Amended Complaint, (doc. 10), the Magistrate Judge's Report and Recommendation,(doc. 11), and this Order.

SO ORDERED.

INSTRUCTIONS FOR SERVICE OF PROCESS BY U.S. MARSHAL

Please type or print legibly, insuring readability of all copies. DO NOT DETACH ANY COPIES. Submit one complete set of this form (USM-285) and one copy of each writ for each individual, company, corporation, etc., to be served or property to be seized or condemned. The applicable fees for such service(s) (T28, USC Sec. 1921 establishes the fees for service of process by the U.S. Marshal) may be required prior to said service.

For service of any process upon an officer or agent of the United States Government, submit a copy of the writ and a set of Form USM-285 for each officer or agent upon whom service is desired. Submit three (3) additional copies of the writs for service upon the Government of the United States. The U.S. Marshal will serve one (1) upon the U.S. Attorney and will forward two (2) to the Attorney General of the United States. (When the applicable box is checked, completion of the final signature block by the U.S. Marshal or his Deputy always certifies service on the U.S. Attorney and the Attorney General, regardless of whether other defendants on the writ were served.) Failure to provide any of the copies will delay service of the writ.

Complete all entries above the double line. Mark all applicable check boxes and use the "Special Instructions" to advise of any information that will assist the U.S. Marshal in expediting service.

It more than one writ and USM-285 is submitted on a single case, the U.S. Marshal will receipt for all of them on the first USM-285. You will receive for your records the last (No. 5) "Acknowledgment of Receipt" copy for all the USM-285 forms you submit. When the writ is served, you will receive the No. 3 Notice of Service copy. This copy will be identical to the return to the Clerk of the Court.

Upon completion of all services (if the Marshals fees were not requested or tendered in advance or if additional fees are indicated), you will receive a "Billing Statement" (copy 4 of USM-285) from the United States Marshal. (NOTE: Copy 4 should be returned, by you, to the U.S. Marshal, together with your payment of the amount owed.

Additional supplies of the USM-285 may be obtained from the Clerk of the U.S. District Court or U.S. Marshal, without cost.